Slaughter v. Glebe et al

Filing 239

ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Benjamin H. Settle re 236 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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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 J. Richard Creatura, United States Magistrate Judge (Dkt. 22), and

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Plaintiff Ossie Lee Slaughter’s (“Slaughter”) motion for extension of time to file

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objections (Dkt. 234) and objections to the R&R (Dkt. 236).

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On March 15, 2018, Judge Creatura issued the R&R recommending that the Court

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grant Defendants’ motion for summary judgment. Dkt. 222. On May 4, 2018, the Court

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granted Slaughter’s motion for an extension of time to file objections. Dkt. 231. On June

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7, 2018, Slaughter filed a second motion for an extension of time to file objections and

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requested an additional 30-day extension. Dkt. 234. On June 13, 2018, Defendants

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ORDER - 1

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responded and did not oppose the extension. Dkt. 235. 1 On July 2, 2018, Slaughter filed

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objections. Dkt. 236. On July 9, 2018, Defendants responded. Dkt. 237.

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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, Slaughter fails to assert any objection that undermines the R&R.

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First, Slaughter objects on the basis that the Court’s prior denial of Defendants’ motion to

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dismiss is contrary to the recommendation to grant Defendants’ motion for summary

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judgment. Dkt. 236 at 4. This objection is without merit because overcoming a motion

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to dismiss only requires proper allegations of fact whereas overcoming a motion for

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summary judgment requires evidence. The current R&R is based on Slaughter’s lack of

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evidence, which is a proper basis to grant an opposing motion for summary judgment.

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Second, Slaughter objects to the R&R because Judge Creatura denied his motions

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regarding Defendants’ discovery abuses. Id. at 4–5. However, Slaughter’s argument

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fails to identify any piece of evidence that was either destroyed or not produced that

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would establish any of his claims. Instead, he merely alleges that some of his boxes of

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personal papers were confiscated and destroyed. The Court finds that these allegations

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are insufficient to deny a proper summary judgment motion.

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The Court grants the motion for an extension, which makes Slaughter’s objections timely.

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Third, Slaughter argues that he has a right to his day in court regardless of the

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evidence produced. Dkt. 236 at 7–8. Contrary to Slaughter’s argument, summary

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judgment motions test the evidence to establish whether the facts require resolution by a

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jury. Slaughter has failed to submit facts to establish every element of any claim.

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Therefore, he has failed to show that a jury is necessary to resolve his claims.

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Fourth, Slaughter argues that the fact he filed grievances establishes his claim that

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Defendants retaliated against him. Dkt. 236 at 8–10. Slaughter is correct that the

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temporal proximity between filling a grievance and a retaliatory act may establish an

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inference of retaliation, but that is only one element of a retaliation claim. Judge

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Creatura thoroughly addressed the other elements of Slaughter’s retaliation claims and

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found that Slaughter’s claims failed based on an absence of evidence for every element of

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every claim. Dkt. 222 at 6–12. Slaughter fails to show reversible error in this analysis.

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Therefore, the Court having considered the R&R, Slaughter’s objections, and the

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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 is GRANTED;

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(3)

Slaughter’s in forma pauperis status is REVOKED; and

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(4)

The Clerk shall enter a JUDGMENT and close the case.

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Dated this 26th day of July, 2018.

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A

BENJAMIN H. SETTLE
United States District Judge

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