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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHAEL DENTON,
No. 3:16-CV-05314-RJB-DWC

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Plaintiff,
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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.

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The Court, having reviewed the Report and Recommendation of Magistrate Judge David

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W. Christel, objections to the Report and Recommendation, if any, and the remaining record,

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does hereby find and ORDER:

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(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

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(3)

The Clerk is directed to send copies of this Order to Plaintiff, counsel for
Defendants, and to the Hon. David W. Christel.

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DATED this 13th day of October, 2016.

A
ROBERT J. BRYAN
United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION- 2