Denton v. Pastor et al

Filing 44

ORDER adopting 41 Report and Recommendations by Judge Robert J. Bryan. S Jones, Kathi Miller, Andy Powell, R Vancleave, B Davis and Patti Jackson terminated. **2 PAGE(S), PRINT ALL**(Michael Denton, Prisoner ID: 898610)(MET)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 MICHAEL DENTON, No. 3:16-CV-05314-RJB-DWC 9 Plaintiff, 10 11 12 13 14 v. ORDER ADOPTING REPORT AND RECOMMENDATION PASTOR, PATTI JACKSON, CHARLA JAMES-HUTCHISON, CARUSO, KATHI MILLER, S JONES, ANDY POWELL, R VANCLEAVE, MARVIN SPENCER, B DAVIS, Defendants. 15 16 The Court, having reviewed the Report and Recommendation of Magistrate Judge David 17 W. Christel, objections to the Report and Recommendation, if any, and the remaining record, 18 does hereby find and ORDER: 19 20 21 22 23 24 25 26 (1) The Court adopts the Report and Recommendation (Dkt. 41). (2) Defendants’ Motion to Dismiss (Dkt. 26) is granted-in-part and denied-in-part as follows: a. Plaintiff’s due process claim alleged against Defendants Hutchinson and Caruso remains in this case; b. Plaintiff’s First Amendment claim alleged against Defendants Pastor and Spencer remains in this case; c. Plaintiff’s failure to protect claim is dismissed from this action; and d. Defendants Jackson, Jones, Davis, Miller, Powell, and Vancleave are dismissed from this action. ORDER ADOPTING REPORT AND RECOMMENDATION- 1 1 (3) The Clerk is directed to send copies of this Order to Plaintiff, counsel for Defendants, and to the Hon. David W. Christel. 2 3 4 5 6 DATED this 13th day of October, 2016. A ROBERT J. BRYAN United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER ADOPTING REPORT AND RECOMMENDATION- 2

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