Troupe v. Swain et al

Filing 93

ORDER ADOPTING the 92 Report and Recommendation: defendants' motion for summary judgment 74 IS GRANTED; all claims against the remaining defendants ARE DISMISSED WITH PREJUDICE; this case is DISMISSED as malicious and frivolous. The dismissal is a STRIKE pursuant to 28 U.S.C. § 1915(g). Signed by Judge Robert J. Bryan. **2 PAGE(S), PRINT ALL**(David Troupe, Prisoner ID: 765714)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DAVID TROUPE,
Plaintiff,

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CASE NO. 16-5380 RJB-DWC
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
WILLIAM SWAIN, et al.,
Defendant.
This matter comes before the Court on the Report and Recommendation of U.S.

17 Magistrate Judge David W. Christel. Dkt. 92. The Court has considered the Report and
18 Recommendation, objections, if any, and the remaining record.
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The facts are in the Report and Recommendation (Dkt. 92, at 1-6) and are adopted here.

20 The Report and Recommendation recommends that all Plaintiff’s claims against all remaining
21 Defendants be summarily dismissed. Dkt. 92.
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The Report and Recommendation (Dkt. 92) should be adopted. Plaintiff failed to

23 demonstrate that there are issues of fact as to whether Defendants’ placement of Plaintiff in a
24 restraint bed for twelve hours one night after he indicated he had a razor blade and referenced
ORDER ADOPTING REPORT AND
RECOMMENDATION- 1

1 suicide: (1) constituted excessive force, (2) demonstrated deliberate indifference to a serious risk
2 to Plaintiff’s health or safety, or (3) was in retaliation for Plaintiff’s filing of grievances. As
3 provided in the Report and Recommendation, the Defendants are entitled to a judgment as a
4 matter of law, and this case should be dismissed.
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Further, as recommended in the Report and Recommendation, this case should be

6 summarily dismissed because the case is malicious and frivolous. The dismissal should be
7 counted as a strike pursuant to 28 U.S.C. § 1915(g). The Report and Recommendation (Dkt. 92)
8 should be adopted.
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ORDER
Accordingly, it is ORDERED that:
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The Report and Recommendation (Dkt. 92) IS ADOPTED;

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o Defendants’ Motion for Summary Judgment (Dkt. 74) IS GRANTED;

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o All claims against the remaining Defendants ARE DISMISSED

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PREJUDICE;

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o This case is DISMISSED as malicious and frivolous. The dismissal is a

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STRIKE pursuant to 28 U.S.C. § 1915(g).
The Clerk is directed to send uncertified copies of this Order to U.S. Magistrate Judge

18 Christel, all counsel of record, and to any party appearing pro se at said party’s last known
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Dated this 5th day of June, 2017.

A

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ROBERT J. BRYAN
United States District Judge

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ORDER ADOPTING REPORT AND
RECOMMENDATION- 2