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)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GREGORY TYREE BROWN,
Case No. C16-5975 RBL-TLF

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Plaintiff,
ORDER DISMISSING DEFICIENT
CLAIMS

v.
RICHARD MORGAN, et. al.,
Defendants.

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THIS MATTER is before the Court on Magistrate Judge Fircke’s Report and
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Recommendation, concluding that paragraphs 44 through 111 of plaintiff’s second amended
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complaint fail to state claims upon which relief may be granted because they are facially time
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barred. She recommended DISMISSAL of those claims with prejudice. The Magistrate Judge
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also recommended that the remaining claims be referred back to for resolution of the remaining
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claims. The Court adopted the Report and recommendation and then permitted Plaintiff Brown
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additional time to respond to it. He has now done so. [Dkt. #25]
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The objections do not address the deficiencies raised in the R&R. Brown continues to
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complain about events dating to the early 1980s. Those claims are time barred.
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The Report and recommendation is ADOPTED and the claims in paragraphs 44 through
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111 of Brown’s second amended complaint are DISMISSED with prejudice and without leave to
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amend. The remaining claims are RE-REFERRED to Magistrate Judge Fricke, with the
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following instruction, as she recommended:
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ORDER DISMISSING DEFICIENT CLAIMS - 1

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[The matter is referred back] to the [Magistrate Judge] for service of the existing

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second amended complaint (Dkt. 14), with an explanation to defendants that they

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need not respond to the portions of the second amended complaint – paragraphs

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44 through 111 – that the Court has dismissed with prejudice under the screening

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provisions of the PLRA.

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IT IS SO ORDERED.
Dated this 8th day of March, 2018.

A

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Ronald B. Leighton
United States District Judge

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ORDER DISMISSING DEFICIENT CLAIMS - 2