Slaughter v. Glebe et al

Filing 73

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 66 Objections to Report and Recommendation filed by Ossie Lee Slaughter. Plaintiff to file amended complaint by 3/18/2016. (TG; cc mailed to plaintiff)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 OSSIE LEE SLAUGHTER, 8 9 10 Plaintiff, CASE NO. C15-5484 BHS-JRC ORDER ADOPTING REPORT AND RECOMMENDATION v. PAT GLEBE, et al., 11 Defendants. 12 13 This matter comes before the Court on the Report and Recommendation (“R&R”) 14 of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 61), and 15 Plaintiff Ossie Slaughter’s (“Slaughter”) objections to the R&R (Dkt. 66). 16 On August 7, 2015, Slaughter filed a prisoner civil rights complaint, alleging 17 claims under the First, Fifth, Eighth, and Fourteenth Amendments. Dkt. 12 at 5–9. 18 Although Slaughter did not file a motion for a preliminary injunction, Slaughter 19 requested a preliminary injunction in his complaint to prevent him from being transferred 20 to another prison. Id. at 8. 21 On October 8, 2015, Defendants moved to dismiss Slaughter’s complaint for 22 failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Dkt. 44. On ORDER - 1 1 December 9, 2015, Judge Creatura recommended denying Defendants’ motion as to 2 Slaughter’s First Amendment claim. Dkt. 61 at 14–17. Judge Creatura also 3 recommended granting Defendants’ motion with regard to Slaughter’s remaining claims, 4 but with leave to amend his Eighth Amendment claim and the personal participation of 5 certain individual defendants. Id. at 7–14. Finally, Judge Creatura recommended 6 denying Slaughter’s request for preliminary injunctive relief as moot. Id. at 19–20. 7 On January 4, 2016, Slaughter filed objections to the R&R. Dkt. 66. On January 8 21, 2016, Defendants responded. Dkt. 69. 9 Federal Rule of Civil Procedure 72(b) governs objections to a magistrate judge’s 10 recommended disposition. Rule 72(b) provides: 11 12 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. 13 Fed. R. Civ. P. 72(b)(3). 14 In the R&R, Judge Creatura addressed whether Slaughter adequately stated a 15 claim for relief in his complaint. Although Slaughter objects to the R&R, Slaughter’s 16 arguments and supporting exhibits relate to events outside of the operative complaint and 17 the R&R. Slaughter does not address Judge Creatura’s analysis and conclusions 18 regarding the allegations in his complaint. As a result, Slaughter’s objections do not 19 demonstrate that Judge Creatura’s recommendations are in error. 20 Therefore, the Court having considered the R&R, Slaughter’s objections, and the 21 remaining record, does hereby find and order as follows: 22 ORDER - 2 1 (1) The R&R is ADOPTED; and 2 (2) Slaughter is granted leave to amend his Eighth Amendment claim, and to 3 allege facts showing the personal participation of Randy Smith, Matthew Nelson, Charles 4 Jones, Richard Kautz, Josh Brule, William Nelson, Marcia McCormick, Daniel Davis, 5 Lisa Ross, Pam Perdue, Christine McRae, Jeffrey Smith, Kerri McTarsney, and Gregory 6 Jones. Slaughter shall file his amended complaint by March 18, 2016. 7 Dated this 23rd day of February, 2016. A 8 9 BENJAMIN H. SETTLE United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 3

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