Bakke v. Clark County Jail et al

Filing 42

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 37 Objections to Report and Recommendation filed by Jeremy Putnam Bakke by Judge Benjamin H. Settle. **2 PAGE(S), PRINT ALL**(Jeremy Bakke, Prisoner ID: 737768)(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JEREMY PUTNAM BAKKE,

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Plaintiff,

CASE NO. C15-5713BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
CLARK COUNTY JAIL, et al.,

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Defendants.

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

14 of the Honorable David W. Christel, United States Magistrate Judge (Dkt. 34), and
15 Plaintiff Jeremy Bakke’s (“Bakke”) objections to the R&R (Dkt. 37).
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On July 21, 2016, Judge Christel filed the R&R recommending that the Court

17 deny Bakke’s motion for default because Defendants have answered and are actively
18 defending against the complaint. Dkt. 34. On August 3, 2016, Bakke filed objections.
19 Dkt. 37.
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The district judge must determine de novo any part of the magistrate judge’s

21 disposition that has been properly objected to. The district judge may accept, reject, or
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ORDER - 1

1 modify the recommended disposition; receive further evidence; or return the matter to the
2 magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
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In this case, the Court agrees with Judge Christel that Bakke’s motion should be

4 denied. Although Defendants may have answered late, at the time Bakke filed his
5 motion, Defendants had answered and were actively defending. Therefore, the Court
6 having considered the R&R, Bakke’s objections, and the remaining record, does hereby
7 find and order as follows:
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(1)

The R&R is ADOPTED; and

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(2)

Bakke’s motion for default is DENIED.

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Dated this 6th day of September, 2016.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2