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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1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 2 3 JAMES DALE MOSELEY, 4 Plaintiff, 5 CASE NO. C16-5698 BHS-JRC ORDER ADOPTING REPORT AND RECOMMENDATION v. 6 WASHINGTON DEPARTMENT OF 7 CORRECTIONS, 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. 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) 15 16 17 The R&R is ADOPTED; and (2) 14 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. 18 A 19 20 BENJAMIN H. SETTLE United States District Judge 21 22 ORDER

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