Closson v. Pacholke

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 30 Denying 26 Defendant's Motion to Dismiss; signed by Judge Ronald B. Leighton. **1 PAGE(S), PRINT ALL**(Keith Closson, Prisoner ID: 632309)(DN)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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KEITH L. CLOSSON,

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Plaintiff,

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ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
DAN PACHOLKE,

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CASE NO. 3:16-cv-05062 RBL

Defendants.
The Court, having reviewed the Report and Recommendation of Magistrate Judge J.

14 Richard Creatura, objections to the Report and Recommendation, if any, and the remaining
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record, does hereby find and ORDER:
(1)

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The Court adopts the Report and Recommendation [Dkt. #30].

(2)

The Court concludes Plaintiff has stated a plausible claim for relief against

17 Defendant. Plaintiff has sufficiently alleged a connection between Defendant and the DOC
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policy that contributed to Plaintiff being denied soap for 27 and 11 days, and Defendant is not
entitled to qualified immunity because Plaintiff does not seek damages. Therefore, Defendant’s

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motion to dismiss [Dkt. #26] is DENIED.
DATED this 3rd day of January, 2017.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 1