Kinney v. State of Washington et al

Filing 14

ORDER adopting 11 Report and Recommendations. Signed by Judge Benjamin H. Settle. (MGC)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JAMES ALLEN SUSKE KINNEY,

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Plaintiff,

CASE NO. C15-5354 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
STATE OF WASHINGTON, 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. 10), and
15 Plaintiff James Allen Suske Kinney’s (“Kinney”) objections to the R&R (Dkt. 11).
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On July 6, 2015, Judge Strombom issued the R&R recommending that the Court

17 dismiss Kinney’s complaint without prejudice for failure to state a claim and for failure to
18 correct identified deficiencies in the original complaint. Dkt. 10. On July 23, 2015,
19 Kinney filed a notice of appeal. Dkt. 11.
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The district judge must determine de novo any part of the magistrate judge’s

21 disposition that has been properly objected to. The district judge may accept, reject, or
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ORDER - 1

1 modify the recommended disposition; receive further evidence; or return the matter to the
2 magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
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In this case, Kinney filed a notice of appeal instead of objections. Because Kinney

4 failed to file substantive arguments objecting to any portion of the R&R, the Court will
5 review the R&R for clear err. Upon review of the R&R, the Court finds no err.
6 Therefore, the Court having considered the R&R, Kinney’s appeal, and the remaining
7 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 31st day of August, 2015.

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A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2