Brown v. Morgan et al

Filing 26

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)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 6 GREGORY TYREE BROWN, Case No. C16-5975 RBL-TLF 7 8 9 10 Plaintiff, ORDER DISMISSING DEFICIENT CLAIMS v. RICHARD MORGAN, et. al., Defendants. 11 THIS MATTER is before the Court on Magistrate Judge Fircke’s Report and 12 Recommendation, concluding that paragraphs 44 through 111 of plaintiff’s second amended 13 complaint fail to state claims upon which relief may be granted because they are facially time 14 barred. She recommended DISMISSAL of those claims with prejudice. The Magistrate Judge 15 also recommended that the remaining claims be referred back to for resolution of the remaining 16 claims. The Court adopted the Report and recommendation and then permitted Plaintiff Brown 17 additional time to respond to it. He has now done so. [Dkt. #25] 18 The objections do not address the deficiencies raised in the R&R. Brown continues to 19 complain about events dating to the early 1980s. Those claims are time barred. 20 The Report and recommendation is ADOPTED and the claims in paragraphs 44 through 21 111 of Brown’s second amended complaint are DISMISSED with prejudice and without leave to 22 amend. The remaining claims are RE-REFERRED to Magistrate Judge Fricke, with the 23 following instruction, as she recommended: 24 25 ORDER DISMISSING DEFICIENT CLAIMS - 1 1 [The matter is referred back] to the [Magistrate Judge] for service of the existing 2 second amended complaint (Dkt. 14), with an explanation to defendants that they 3 need not respond to the portions of the second amended complaint – paragraphs 4 44 through 111 – that the Court has dismissed with prejudice under the screening 5 provisions of the PLRA. 6 7 IT IS SO ORDERED. Dated this 8th day of March, 2018. A 8 9 Ronald B. Leighton United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORDER DISMISSING DEFICIENT CLAIMS - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?