Slaughter v. Glebe et al

Filing 232

ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Benjamin H. Settle re 224 Objections to Report and Recommendation, filed by Ossie Lee Slaughter. **3 PAGE(S), PRINT ALL**(Ossie Slaughter, Prisoner ID: 827869)(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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OSSIE LEE SLAUGHTER,
Plaintiff,

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v.

CASE NO. C15-5484 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

PATRICK R. GLEBE, et al.,

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Defendant.

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This matter comes before the Court on the Report and Recommendation (“R&R”)

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of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 208), and

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Plaintiff Ossie Lee Slaughter’s (“Slaughter”) objections to the R&R (Dkt. 224).

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On February 22, 2018, Judge Creatura issued the R&R recommending that the

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Court deny Slaughter’s motion for preliminary injunction because Slaughter’s requested

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relief regarding storage or transfer of his six boxes of legal material is not related to any

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of Slaughter’s claims. Dkt. 208. On March 18, 2018, Slaughter filed objections stating

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that he has received his legal material, but still requests injunctive relief regarding his

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medical issues. Dkt. 224.

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ORDER - 1

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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, the Court concludes that Slaughter’s requests for relief go beyond the

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scope of the complaint. Regarding Slaughter’s request for his boxes of legal materials,

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the issue appears to be moot because Slaughter asserts that he received these materials.

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Dkt. 224 at 2. To the extent the request is not moot, the Court agrees with Judge Creatura

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that the request is beyond the scope of Slaughter’s complaint. Therefore, the Court

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adopts the R&R on this issue.
Regarding Slaughter’s request for immediate medical treatment, the request is also

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beyond the scope of his complaint. With the sole exception of Defendant Bernard

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Warner (“Warner”), Secretary of Washington’s Department of Corrections, Slaughter

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brings his claims against numerous employees of the Stafford Creek Corrections Center.

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Dkt. 109, ¶¶ 5–30. Slaughter is now at the Clallam Bay Corrections Center (“CBCC”).

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Dkt. 224 at 1 (Slaughter’s request to deliver his legal material to CBCC). To the extent

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that Slaughter requests that the Court order CBCC’s staff to provide medical assistance,

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they are not parties to the complaint. Thus, the Court denies Slaughter’s request on this

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issue. To the extent Slaughter requests that Warner provide immediate medical

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assistance, Slaughter has failed to meet his burden for preliminary relief. While Warner

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may have the authority to order specific medical treatment for a specific inmate,

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ORDER - 2

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Slaughter has failed to show that Warner is involved in the day-to-day operations of

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specific medical treatment for inmates at every facility in Washington.

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Therefore, the Court having considered the R&R, Slaughter’s objections, and the
remaining record, does hereby find and order as follows:

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(1)

The R&R is ADOPTED; and

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(2)

Slaughter’s motion for a preliminary injunction is DENIED.

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Dated this 10th day of May, 2018.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 3