Robinson v. Sziebert et al

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATION re 54 Objections to Report and Recommendation filed by Charles Robinson. Defendant Dixon is dismissed from this action without prejudice. Signed by Judge Robert J. Bryan. (JL) Paper copy sent to plaintiff @ SCC address . Modified on 10/27/2016 (JL).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CHARLES ROBINSON,
Plaintiff,

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v.
WASHINGTON STATE SPECIAL
COMMITMENT CENTER CHIEF
MEDICAL DIRECTOR, DR. LESLIE
SZIEBERT; WASHINGTON STATE
SPECIAL COMMITMENT CENTER
GALINA DIXON, ARNP,

CASE NO. 3:15-CV-05555-RJB-DWC
ORDER ON REPORT AND
RECOMMENDATION ON
DEFENDANT DIXON’S MOTION TO
DISMISS

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Defendant.
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The Court has reviewed the Report and Recommendation of Magistrate Judge David W.
Christel (Dkt. 52), objections to the Report and Recommendation by Plaintiff (Dkt. 54), and the
remainder of the file herein.
The Report and Recommendation recommends dismissal of the Amended Complaint for
failure to state a claim. Plaintiff’s Objection to the Report and Recommendation enumerates a
series of facts that, according to Plaintiff, provide a basis for the Court to reject the

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ORDER ON REPORT AND RECOMMENDATION
ON DEFENDANT DIXON’S MOTION TO
DISMISS - 1

1 recommended dismissal. Dkt. 54. However, Plaintiff’s Objection takes issue with Defendants’
2 medical care for the same reasons alleged in the Amended Complaint. Closely comparing the
3 alleged facts in Plaintiff’s Objection with the Amended Complaint reveals nothing more than a
4 repetition of the facts. For example, both describe what happened on 12/4/16, 12/10/13,
5 12/11/13, 12/19/13, and 2/8/16. Compare Dkt. 39 at ¶¶5.8-5.13 and ¶¶ Dkt. 54 at ¶¶1.4-1.9.
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Plaintiff’s Objection provides no persuasive reason to reject the recommendation. The

7 Report and Recommendation should be adopted and the case dismissed without prejudice.
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Therefore, the Court HEREBY ORDERS:

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(1)

The Court adopts the Report and Recommendation;

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(2)

The Court grants Defendant Dixon’s Motion to Dismiss. Defendant Dixon
is dismissed from this action without prejudice.

(3)

The Clerk is directed to send a copy of this Order to Plaintiff, and to the
Hon. David W. Christel.

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Dated this 27th day of October, 2016.

A
ROBERT J. BRYAN
United States District Judge

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ORDER ON REPORT AND RECOMMENDATION
ON DEFENDANT DIXON’S MOTION TO
DISMISS - 2