Brown v. Morgan et al

Filing 89

ORDER ADOPTING REPORT AND RECOMMENDATION re 87 Report and Recommendations, by Judge Ronald B. Leighton. **2 PAGE(S), PRINT ALL**(Gregory Brown, Prisoner ID: 281829)(DK)

Case 3:16-cv-05975-RBL-TLF Document 89 Filed 04/22/20 Page 1 of 2

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GREGORY TYREE BROWN,

CASE NO. C16-5975RBL-TLF

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Plaintiff,
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ORDER

v.
RICHARD L MORGAN, et al.,

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Defendants.

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THIS MATTER is before the Court on Magistrate Judge Fricke’s Report and

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Recommendation [Dkt. #87]. The Defendants object to the recommendation that Brown be

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permitted to amend his complaint a third time [Dkt. # 87]. The Court is sympathetic to the

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Defendants’ desire to short-short circuit implausible claims and avoid unnecessary motion

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practice. Nevertheless, it adopts the R &R:

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1. The Report and Recommendation is ADOPTED;

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2. Plaintiff Brown’s motion [Dkt. # 71] seeking to waive the court rule is GRANTED and

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his alternative request for appointment of counsel is DENIED.
3. Brown’s Motion to excuse the untimely filing of his motion to file a third amended
complaint [Dkt. # 73] is GRANTED.

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ORDER - 1

Case 3:16-cv-05975-RBL-TLF Document 89 Filed 04/22/20 Page 2 of 2

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4. Brown’s Motion to File a third amended complaint [Dkt. # 74] is GRANTED in part and

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DENIED in part, as described in the R &R. He should file an amended complaint

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consistent with the R & R (and prior rulings) within 21 days of this Order;

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5. Brown’s claims against Defendants Margo Jensen, Larry Kincheloe, Robert Moore,

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Amos Reed, Chase Riveland, Bob Shaw, James Spalding, Eldon Vail, and Robert (Bob)

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Wright are DISMISSED without prejudice.

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6. Defendants’ Motion to Dismiss (aimed at Brown’s second amended complaint) is

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DENIED and stricken as moot.

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The clerk shall send copies of this order to Brown, Defendants’ counsel, and Magistrate

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Judge Fricke.

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IT IS SO ORDERED.

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Dated this 22nd day of April, 2020.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 2