Slaughter v. Glebe et al
ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Benjamin H. Settle re 203 Objections to Report and Recommendation filed by Ossie Lee Slaughter. **2 PAGE(S), PRINT ALL**(Ossie Slaughter, Prisoner ID: 827869)(TG)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
OSSIE LEE SLAUGHTER,
CASE NO. C15-5484 BHS-JRC
ORDER ADOPTING REPORT
PATRICK R. GLEBE, et al.,
This matter comes before the Court on the Report and Recommendation (“R&R”)
of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 177), and
Plaintiff’s objections to the R&R (Dkt. 203).
On October 27, 2017, Plaintiff moved for summary judgment. Dkt. 169. On
December 12, 2017, Judge Creatura issued the R&R, recommending that the Court deny
Plaintiff’s motion. Dkt. 177. On February 5, 2017, Plaintiff objected. Dkt. 203.
The district judge must determine de novo any part of the magistrate judge’s
disposition that has been properly objected to. The district judge may accept, reject, or
modify the recommended disposition; receive further evidence; or return the matter to the
magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
The R&R recommends denying Plaintiff’s motion on the basis that Plaintiff failed
to carry his initial burden as the movant on summary judgment and establish the absence
ORDER - 1
of any genuine dispute as to material facts. Specifically, the R&R notes that, despite
citing generally to the various declarations he has previously filed, Plaintiff has failed to
establish that his belongings were destroyed or that any defendant has acted against him
with a retaliatory motive. Plaintiff objects, arguing that he is entitled to summary
judgment “because the Defendants have made overt, false, spurious statements in their
responses and declarations . . . and cannot be trusted.” Dkt. 203.
Ascertaining the accuracy or purported falsity of Defendants’ evidence is an issue
that is resolved by reviewing the record and weighing the credibility of competing
evidence. Plaintiff has not provided evidence to demonstrate that the Government’s
declarations are necessarily false. Accordingly, the R&R was correct in determining that
Plaintiff has not carried his burden on summary judgment to establish that there are no
genuine disputes of material fact and Plaintiff’s motion must be denied.
The Court having considered the R&R, Plaintiff’s objections, and the remaining
record, does hereby find and order as follows:
The R&R is ADOPTED; and
Plaintiff’s motion (Dkt. 169) is DENIED.
Dated this 26th day of February, 2018.
BENJAMIN H. SETTLE
United States District Judge
ORDER - 2
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