Sanders v. Townsend et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 12 Objections to Report and Recommendation filed by Daniel L Sanders. Signed by Judge Benjamin H. Settle. (MGC) (cc: Pltf via mail)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 DANIEL L. SANDERS, 8 9 10 Plaintiff, CASE NO. C14-5855 BHS ORDER ADOPTING REPORT AND RECOMMENDATION v. JOSEPHINE TOWNSEND, et al., 11 Defendants. 12 13 This matter comes before the Court on the Report and Recommendation (“R&R”) 14 of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 11), and 15 Plaintiff Daniel Sanders’s (“Sanders”) objections to the R&R (Dkt. 12). 16 On December 19, 2014, Judge Strombom issued the R&R recommending that the 17 Court dismiss Sanders’s complaint for failure to state a claim. Dkt. 11. On January 2, 18 2015, Sanders filed objections to the R&R arguing that he did state a claim and submitted 19 an amended complaint. Dkt. 12 & 12-1. Sanders is attempting to suppress evidence in 20 an ongoing state court criminal trial. The Court concludes that this is not a cognizable 21 claim under 42 U.S.C. § 1983. 22 ORDER - 1 1 Therefore, the Court having considered the R&R, Sanders’s objections, and the 2 remaining record, does hereby find and order as follows: 3 (1) The R&R is ADOPTED; and 4 (2) This action is DISMISSED. 5 Dated this 29th day of January, 2015. 6 A 7 8 BENJAMIN H. SETTLE United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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