Harris v. Pierce County Jail Classification and Administration Office et al

Filing 92

ORDER ADOPTING IN PART AND DECLINING TO ADOPT IN PART REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 87 Objections to Report and Recommendation filed by Ray Charles Harris. Plaintiff is granted leave to amend his complaint, and the case is rereferred to Judge David W. Christel. **2 PAGE(S), PRINT ALL**(Ray Harris, Prisoner ID: 271486)(TG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 RAY CHARLES HARRIS, Plaintiff, 9 10 11 v. CASE NO. C16-5044 BHS ORDER ADOPTING REPORT AND RECOMMENDATION IN PART AND REREFERRING PIERCE COUNTY JAIL CLASSIFICATION AND ADMINISTRATION OFFICE, et al., Defendants. 12 13 14 15 16 17 18 19 20 21 This matter comes before the Court on the Report and Recommendation (“R&R”) of the Honorable David W. Christel, United States Magistrate Judge (Dkt. 86), and Plaintiff Ray Charles Harris’s (“Harris”) objections to the R&R (Dkt. 87). On March 3, 2017, Judge Christel issued the R&R recommending that the Court grant Defendants’ motion to dismiss and dismiss Harris’s complaint with prejudice and without leave to amend. Dkt. 86. On March 14, 2017, Harris filed objections. Dkt. 87. On March 23, 2017, Defendants responded. Dkt. 88. On April 25, 2017, Harris filed a proposed third amended complaint. Dkt. 91. 22 ORDER - 1 1 The district judge must determine de novo any part of the magistrate judge’s 2 disposition that has been properly objected to. The district judge may accept, reject, or 3 modify the recommended disposition; receive further evidence; or return the matter to the 4 magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3). 5 In this case, Harris appears to concede that his complaint fails to contain sufficient 6 factual allegations to state claims for relief, but argues that he should be allowed leave to 7 amend. Dkt. 87. Harris asserts that he misunderstood Judge Christel’s prior order and, if 8 given the opportunity to amend, would correct the deficiencies identified in his current 9 complaint. Id. The Court concludes that Harris has sufficiently shown that he should be 10 granted leave to amend his complaint to correct the identified deficiencies. Therefore, 11 the Court having considered the R&R, Harris’s objections, and the remaining record, 12 does hereby find and order as follows: 13 (1) 14 The R&R is ADOPTED in part and Defendants’ motion to dismiss is GRANTED; 15 (2) Harris is GRANTED leave to amend his complaint; and 16 (3) The matter is rereferred for further proceedings. 17 Dated this 27th day of April, 2017. A 18 19 BENJAMIN H. SETTLE United States District Judge 20 21 22 ORDER - 2

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