Choquette v. Warner et al

Filing 65

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 62 Report and Recommendations. (TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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4 ETIENNE L. CHOQUETTE,
Plaintiff,

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CASE NO. C15-5838 BHS-JRC
ORDER ADOPTING REPORT
AND RECOMMENDATION

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7 BERNARD E. WARNER, et al.,
Defendants.

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This matter comes before the Court on the Report and Recommendation (“R&R”)
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of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 62. The Court
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having considered the R&R and the remaining record, and no objections having been
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filed, does hereby find and order as follows:
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(1)

The R&R is ADOPTED;

(2)

Defendants’ motion to dismiss attacks the second amended complaint (Dkt.

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14), which is “non-existent” because Plaintiff filed a third amended complaint (Dkt. 61).
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Defendants’ motion to dismiss (Dkt. 40) is denied as moot.
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Dated this 7th day of December, 2016.
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A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER