Bakke v. Clark County Jail et al

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 40 Objections to Report and Recommendation filed by Jeremy Putnam Bakke. **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. 39), and
15 Plaintiff Jeremy Putnam Bakke’s (“Bakke”) objections to the R&R (Dkt. 40).
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On August 17, 2016, Judge Christel issued the R&R recommending that the Court

17 grant Defendants’ motion for summary judgment because Bakke failed to submit
18 evidence creating a question of fact that (1) he suffered harm because of the alleged
19 unsanitary jail conditions or was exposed to an objectively serious risk of harm, (2) he
20 suffered any harm because of overcrowding at the jail, or (3) he suffered harm because of
21 the lack of emergency buttons at the jail. Dkt. 39. On August 30, 2016, Bakke filed
22 objections and submitted pictures and newspaper articles to support his claims. Dkt. 40.

ORDER - 1

1 On September 1, 2016, Defendants responded. Dkt. 41. On September 9, 2016, Plaintiff
2 replied. Dkt. 43.
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The district judge must determine de novo any part of the magistrate judge’s

4 disposition that has been properly objected to. The district judge may accept, reject, or
5 modify the recommended disposition; receive further evidence; or return the matter to the
6 magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
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In this case, Bakke’s objections are without merit. Even if the Court accepted

8 Bakke’s pictures as admissible, at most the pictures show the existence of mold. Bakke,
9 however, has still failed to show harm or an objectively serious risk of harm because of
10 the mold. Regarding the newspaper articles, these articles do not show that he suffered
11 harm because of the overcrowding or lack of emergency buttons. Therefore, the Court
12 having considered the R&R, Bakke’s objections, and the remaining record, does hereby
13 find and order as follows:
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(1)

The R&R is ADOPTED;

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(2)

Bakke’s motion for summary judgment is DENIED;

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(3)

Defendants’ motion for summary judgment is GRANTED; and

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(4)

The Clerk shall enter JUDGMENT for Defendants and close this case.

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Dated this 24th day of October, 2016.

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2