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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 KEITH L. CLOSSON, 9 Plaintiff, 10 11 ORDER ADOPTING REPORT AND RECOMMENDATION v. DAN PACHOLKE, 12 13 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 15 record, does hereby find and ORDER: (1) 16 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 18 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 19 20 motion to dismiss [Dkt. #26] is DENIED. DATED this 3rd day of January, 2017. 22 A 23 Ronald B. Leighton United States District Judge 21 24 ORDER - 1

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