Knippling v. Robbins

Filing 48

ORDER Adopting 47 Report and Recommendation re 45 Second MOTION for Summary Judgment; by Judge Robert J. Bryan. **2 PAGE(S), PRINT ALL**(Jordan Knippling, Prisoner ID: 859599)(GMR)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 5 6 7 8 JORDAN DAVID KNIPPLING, Plaintiff, 9 10 ORDER ON REPORT AND RECOMMENDATION v. 11 CASE NO. 15-5829 RJB GAIL ROBBINS, Defendant. 12 13 This matter comes before the Court on the Report and Recommendation of U.S. 14 Magistrate Judge J. Richard Creatura. Dkt. 347. The Court has reviewed the Report and 15 Recommendation, the objections, if any, and is fully advised. 16 The Plaintiff filed this case on November 16, 2015, pursuant to 42 U.S.C. § 1983, 17 asserting claims related to the handling of various grievances and the Defendant’s and others’ 18 treatment of him. Dkt. 6. 19 On November 28, 2016, a Report and Recommendation (Dkt. 34) was adopted, 20 Defendants’ motion for summary judgement was granted, in part, and Plaintiff’s claims for 21 violation of his equal protection and due process rights were dismissed. Dkt. 41. The Defendant 22 did not specifically address the Plaintiff’s claims for violation of his Sixth Amendment rights, 23 First Amendment rights or for retaliation, and so the motion for summary dismissal of all claims 24 ORDER ON REPORT AND RECOMMENDATION- 1 1 was denied. Id. On February 17, 2017, the instant Report and Recommendation (Dkt. 47) was 2 filed. It recommends that Defendants’ motion for summary judgment on the remaining claims 3 be granted and the case dismissed. Id. It also recommends that Defendants’ motion, for the 4 dismissal to be counted as a strike pursuant to 28 U.S.C. § 1915, be denied. 5 The February 17, 2017 Report and Recommendation (Dkt. 47) should be adopted, 6 Defendants’ motion for summary judgment (Dkt. 45) should be granted, and the case dismissed. 7 The Defendants’ motion for the dismissal to be counted as a strike under 28 U.S.C. § 1915 8 should be denied. 9 10 ORDER It is ORDERED that: 11  The Report and Recommendation (Dkt. 47) IS ADOPTED; 12  Defendants’ Second Motion for Summary Judgment (Dkt. 45) IS GRANTED; 13  Plaintiff’s claims ARE DISMISSED; and 14  Defendants’ motion for the dismissal to count as a strike under 28 U.S.C. § 1915 15 16 IS DENIED. The Clerk is directed to send uncertified copies of this Order to Magistrate Judge J. 17 Richard Creatura, all counsel of record and to any party appearing pro se at said party’s last 18 known address. 19 Dated this 13th day of March, 2017. 20 A 21 ROBERT J. BRYAN United States District Judge 22 23 24 ORDER ON REPORT AND RECOMMENDATION- 2

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