Smith et al v. Washington State et al

Filing 87

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 74 Objections to Report and Recommendation: Defendants' Motion to Dismiss 64 as to Quigley, Clayton, Strong, Dubble, Steinbach, Sziebert, Harris, and McCabe is DENIED; Defendants' Motion to Dismiss 64 as to Ferguson, Gregoire, Coryell, John Doe, and Jane Doe is GRANTED and these defendants are DISMISSED WITH PREJUDICE; Defendants' Motion to Dismiss 64 Plaintiffs' claims of violations of the right to access the courts and right to a grievance process is GRANTED, these claims are DISMISSED WITH PREJUDICE; signed by Judge Ronald B. Leighton. (DN) Modified on 12/17/2015 (DN). (cc pltfs Mitchell, Perkins, Kent, Malone)

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1 HONORABLE RONALD B. LEIGHTON 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 ROBERT SMITH et al., CASE NO. C14-5974 RBL-JRC 9 Plaintiffs, ORDER 10 v. 11 WASHINGTON STATE et al., 12 Defendants. 13 14 THIS MATTER is before the Court on Magistrate Judge Creatura’s Report and 15 Recommendation [Dkt. #71] on Defendants’ Motion to Dismiss [Dkt. #64]. Both parties objected 16 to the Report. 17 It is hereby ORDERED: 18 1. The Report and Recommendation [Dkt. #71] is ADOPTED; 19 2. Defendants’ Motion to Dismiss [Dkt. #64] Plaintiffs’ claim of unreasonable exposure 20 to Environmental Tobacco Smoke against Defendants Quigley, Clayton, Strong, 21 Dubble, Steinbach, Sziebert, Harris, and McCabe is DENIED. 22 3. Defendants’ Motion to Dismiss [Dkt. #64] Plaintiffs’ claim of unreasonable exposure 23 to Environmental Tobacco Smoke against Defendants Ferguson, Gregoire, Coryell, 24 ORDER - 1 1 John Doe, and Jane Doe is GRANTED, and Plaintiff’s claims against these 2 Defendants are DISMISSED WITH PREJUDICE; 3 4. Defendants’ Motion to Dismiss [Dkt. #64] Plaintiffs’ claims of violations of their 4 right to access the courts and right to a grievance process is GRANTED. These 5 claims are DISMISSED WITH PREJUDICE. 6 The Clerk shall direct copes of this Order to all counsel and to Magistrate Judge Creatura. 7 IT IS SO ORDERED. 8 Dated this 17th day of December, 2015. 10 A 11 Ronald B. Leighton United States District Judge 9 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER - 2

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