Brown v. Morgan et al
ORDER ADOPTING REPORT AND RECOMMENDATION re 25 Objections to Report and Recommendation, filed by Gregory Tyree Brown; Plaintiff's claims in paragraphs 44-111 of his second amended complaint are DISMISSED with prejudice and without leave to amend. The remaining claims are RE-REFERRED to Magistrate Judge Fricke for further resolution; signed by Judge Ronald B. Leighton. **2 PAGE(S), PRINT ALL**(Gregory Brown, Prisoner ID: 281829)(DN)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
GREGORY TYREE BROWN,
Case No. C16-5975 RBL-TLF
ORDER DISMISSING DEFICIENT
RICHARD MORGAN, et. al.,
THIS MATTER is before the Court on Magistrate Judge Fircke’s Report and
Recommendation, concluding that paragraphs 44 through 111 of plaintiff’s second amended
complaint fail to state claims upon which relief may be granted because they are facially time
barred. She recommended DISMISSAL of those claims with prejudice. The Magistrate Judge
also recommended that the remaining claims be referred back to for resolution of the remaining
claims. The Court adopted the Report and recommendation and then permitted Plaintiff Brown
additional time to respond to it. He has now done so. [Dkt. #25]
The objections do not address the deficiencies raised in the R&R. Brown continues to
complain about events dating to the early 1980s. Those claims are time barred.
The Report and recommendation is ADOPTED and the claims in paragraphs 44 through
111 of Brown’s second amended complaint are DISMISSED with prejudice and without leave to
amend. The remaining claims are RE-REFERRED to Magistrate Judge Fricke, with the
following instruction, as she recommended:
ORDER DISMISSING DEFICIENT CLAIMS - 1
[The matter is referred back] to the [Magistrate Judge] for service of the existing
second amended complaint (Dkt. 14), with an explanation to defendants that they
need not respond to the portions of the second amended complaint – paragraphs
44 through 111 – that the Court has dismissed with prejudice under the screening
provisions of the PLRA.
IT IS SO ORDERED.
Dated this 8th day of March, 2018.
Ronald B. Leighton
United States District Judge
ORDER DISMISSING DEFICIENT CLAIMS - 2
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