Moseley v. Washington Department of Corrections et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 28 Report and Recommendations. **1 PAGE(S), PRINT ALL**(James Moseley, Prisoner ID: 322627)(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JAMES DALE MOSELEY,
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Plaintiff,
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CASE NO. C16-5698 BHS-JRC
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
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WASHINGTON DEPARTMENT OF
7 CORRECTIONS, et al.,
Defendants.

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This matter comes before the Court on the Report and Recommendation (“R&R”)

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of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 28. 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)

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The R&R is ADOPTED; and

(2)

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Defendants’ motion to dismiss (Dkt. 21) as to Plaintiff’s classification

claim is GRANTED without leave to amend. Defendants’ motion as to Plaintiff’s due
process claim is GRANTED, but plaintiff is granted leave to amend his complaint.
Dated this 10th day of January, 2017.

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A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER