Troupe v. Swain et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 15 Objections to Report and Recommendation filed by David Troupe. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DAVID TROUPE,

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Plaintiff,

CASE NO. C14-5886 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
WILLIAM SWAIN, et al.,

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Defendants.

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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. 14), and
15 Plaintiff David Troupe’s (“Troupe”) objections to the R&R (Dkt. 15).
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On December 29, 2014, Judge Strombom issued the R&R recommending that the

17 Court dismiss Troupe’s amended complaint because Troupe failed to file an acceptable
18 complaint after being granted leave to amend and after being given specific instructions
19 regarding the form and contents of an acceptable complaint. Dkt. 14. On January 8,
20 2015, Troupe filed objections and a request for leave to amend his amended complaint.
21 Dkt. 16.
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ORDER - 1

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With regard to Troupe’s objections, they are without merit because Judge

2 Strombom provided specific instructions regarding the length and content of an
3 acceptable amended complaint. Dkt. 6. Troupe failed to heed these instructions and,
4 instead, filed a lengthy amended complaint naming over 100 defendants. Dkt. 10.
5 Therefore, the Court adopts Judge Strombom’s recommendation of dismissing the
6 complaint.
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With regard to Troupe’s request for leave to amend, Troupe has failed to provide

8 any indication that he is willing to file an acceptable complaint. In light of Troupe’s
9 previous failure to abide by Judge Strombom’s instructions, the Court finds that granting
10 Troupe leave to amend will not result in the filing of an acceptable complaint.
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Therefore, the Court having considered the R&R, Troupe’s objections, and the

12 remaining record, does hereby find and order as follows:
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(1)

The R&R is ADOPTED; and

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(2)

This action is DISMISSED without prejudice.

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Dated this 6th day of February, 2015.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2