Nelson v. US Federal Marshal's Service et al

Filing 59

ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Benjamin H. Settle re 58 Report and Recommendations. (TG)

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1 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 3 4 PATRICK W. NELSON, 5 Plaintiff, v. 6 7 CASE NO. C16-5680 BHS-JRC ORDER ADOPTING REPORT AND RECOMMENDATION NICHOLAS WEBER, et al., Defendants. 8 9 This matter comes before the Court on the Report and Recommendation (“R&R”) 10 11 12 13 of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 58. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows: (1) 15 16 The R&R is ADOPTED; and (2) 14 Plaintiff’s battery claims, Bivens claims against Defendants in their official capacities, and request for fees under 42 U.S.C. § 1988 are DISMISSED. (3) 17 Plaintiff’s remaining Bivens claims will move forward on the merits. Dated this 4th day of December, 2017. 18 A 19 20 BENJAMIN H. SETTLE United States District Judge 21 22 ORDER

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