Flores v. City of Lakewood et al

Filing 116

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 115 Objections to Report and Recommendation filed by Arnold Flores. **2 PAGE(S), PRINT ALL**(Arnold Flores, Prisoner ID: 366674)(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ARNOLD FLORES,

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Plaintiff,

CASE NO. C15-5013BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
CITY OF LAKEWOOD, 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 J. Richard Creatura, United States Magistrate Judge (Dkt. 114), and
15 Plaintiff Arnold Flores’s (“Flores”) objections to the R&R (Dkt. 115).
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On September 30, 2016, Judge Creatura issued the R&R recommending that the

17 Court grant Defendants’ motion for summary judgment because no questions of material
18 fact remain for trial. Dkt. 114. On October 13, 2016, Flores filed objections. Dkt. 115.
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The district judge must determine de novo any part of the magistrate judge’s

20 disposition that has been properly objected to. The district judge may accept, reject, or
21 modify the recommended disposition; receive further evidence; or return the matter to the
22 magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).

ORDER - 1

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In this case, Flores objects to Judge Creatura’s conclusion that no reasonable juror

2 would believe Flores’s version of the events. While the record contains conflicting
3 versions of the circumstances surrounding Flores’s shooting, Flores relies on his wife’s
4 testimony at his criminal trial that Flores takes out of context (Dkt. 114 at 10) and
5 Flores’s medical report that shows four wounds (id. at 12). In fact, Flores admits that he
6 doesn’t remember being shot by the police. Id. at 11–12. In light of the overwhelming
7 evidence that directly contradicts Flores’s version of the shooting, including video
8 evidence, the Court agrees with Judge Creatura that no reasonable juror would believe
9 Flores. Scott v. Harris, 550 U.S. 372 (2007). Therefore, the Court having considered the
10 R&R, Flores’s objections, and the remaining record, does hereby find and order as
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(1)

The R&R is ADOPTED;

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(2)

Defendants’ motion for summary judgment is GRANTED;

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(3)

Flores’s in forma pauperis status is REVOKED; and

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(4)

The Clerk shall enter JUDGMENT in favor of Defendants and close this

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case.
Dated this 1st day of December, 2016.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2