Varnell v. Washington State Department of Corrections et al
Filing
184
ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Benjamin H. Settle re 178 Report and Recommendations. **3 PAGE(S), PRINT ALL**(Mitchell Varnell, Prisoner ID: 871147)(TG)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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MITCHELL LEE VARNELL,
Plaintiff,
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v.
CASE NO. C15-5443 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION
WASHINGTON DEPARTMENT OF
CORRECTIONS, et al.,
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Defendants.
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This matter comes before the Court on the Report and Recommendation (“R&R”)
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of the Honorable David W. Christel, United States Magistrate Judge (Dkt. 178), and
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Plaintiff Mitchell Varnell’s (“Varnell”) motion for extension of time (Dkt. 179) and
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objections to the R&R (Dkt. 181).
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On July 3, 2018, Judge Christel issued the R&R recommending that the Court
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deny Varnell’s motion for injunctive relief and grant Defendants’ motion for summary
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judgment on Varnell’s claims. Dkt. 178. On July 17, 2018, Varnell filed a motion for an
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extension of time to file objections. Dkt. 179. On July 30, 2018, Defendants responded
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and requested that, if the Court grants Varnell’s motion, the deadline for objections be set
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no later than August 10, 2018. Dkt. 180. On August 10, 2018, Varnell filed objections.
ORDER - 1
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Dkt. 181. 1 On August 30, 2018, Defendants responded to Varnell’s objections. Dkt.
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182. On September 6, 2018, Varnell replied. Dkt. 183.
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The district judge must determine de novo any part of the magistrate judge’s
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disposition that has been properly objected to. The district judge may accept, reject, or
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modify the recommended disposition; receive further evidence; or return the matter to the
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magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
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In this case, Varnell asserts numerous objections. Varnell, however, merely
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repeats many of his arguments that were properly rejected by Judge Christel. For
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example, Varnell contends that Defendant Kenneth Sawyer is a consulting, non-
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specialist, and it was improper to rely on his opinion in opposition to Varnell’s treating
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specialist’s opinion. Dkt. 181 at 7. Dr. Sawyer, however, is an orthopedic surgeon and is
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considered a specialist in the medical field of spinal surgeries. Dkt. 176, ¶ 12. Thus,
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Varnell’s objection on this issue is without merit.
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Likewise, Varnell fails to establish that any part of the R&R should be modified or
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rejected. Judge Christel provides a thorough recitation and evaluation of the evidence
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and the law. Therefore, the Court having considered the R&R, Varnell’s objections, and
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the remaining record, does hereby find and order as follows:
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(1)
The R&R is ADOPTED;
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(2)
Defendants’ motion for summary judgment (Dkt. 130) is GRANTED;
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(3)
Varnell’s motion for injunctive relief (Dkt. 129) is DENIED; and
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The Court grants Varnell’s motion for an extension because Varnell timely filed his objections
within the time frame proposed by Defendants.
ORDER - 2
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(4)
The Clerk shall enter a JUDGMENT and close the case.
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Dated this 12th day of September, 2018.
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BENJAMIN H. SETTLE
United States District Judge
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ORDER - 3
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