Irby v. State of Washington et al

Filing 245

ORDER ADOPTING REPORT AND RECOMMENDATION re 244 Defendants motions to dismiss [198, 208] are Granted in Part and Denied in Part; Plaintiff's claims for access to the courts and claims under the Americans with Disabilities Act are dismissed w ith leave to amend; all remaining claims are Dismissed without leave to amend; all outstanding motions are Denied without prejudice; Plaintiff has until 2/2/18 to file another amended complaint; signed by Judge Ronald B. Leighton. **2 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(DN)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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TERRANCE JON IRBY,
Plaintiff,

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ORDER

v.

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CASE NO. 3:15-cv-05208-RBL-JRC

STATE OF WASHINGTON, et al.,
Defendant.

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The Court, having reviewed the Report and Recommendation of Magistrate Judge J.

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Richard Creatura, objections to the Report and Recommendation, if any, and the remaining

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record, does hereby find and ORDER:

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(1)

The Court adopts the Report and Recommendation.

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(2)

Defendants’ motions to dismiss (Dkts. 198, 208) are GRANTED IN PART and

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DENIED IN PART.
(3)

Plaintiff’s claims for access to courts and claims under the Americans with

Disabilities Act are dismissed with leave to amend.

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ORDER - 1

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(4)

All of plaintiff’s remaining claims are dismissed without leave to amend.

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(5)

All outstanding motions are denied without prejudice.

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(6)

Plaintiff may file his second amended complaint on or before February 2, 2018.

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DATED this 5th day of January, 2018.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 2