Perez v. Morgan et al

Filing 117

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 102 GRANTING Defendant Morgan's motion to dismiss; plaintiff's claims against Morgan individually and in his official capacity are DISMISSED; the Clerk will substitute the new DOC Secretary, Stephen Sinclair, as defendant in this action; signed by Judge Ronald B. Leighton. **1 PAGE(S), PRINT ALL**(Daniel Perez, Prisoner ID: 888274)(DN)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DANIEL JAY PEREZ,
Case No. 3:16-cv-6023 RBL-TLF

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Plaintiff,
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DICK MORGAN, et al,
Defendants.

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The Court, having reviewed the Report and Recommendation of United States Magistrate
Judge Theresa L. Fricke, and the remaining record, does hereby find and ORDER:
(1)

The Court adopts the Report and Recommendation [Dkt. #102];

(2)

Defendant Dick Morgan’s motion to dismiss [Dkt. #62] is GRANTED. Plaintiff’s
claims against Dick Morgan in his individual capacity are DISMISSED.

(3)

Plaintiff’s claims against Dick Morgan in his official capacity are also
DISMISSED as Mr. Morgan is no longer the Secretary of the Department of
Corrections (“DOC”). The Clerk is directed to substitute the new DOC Secretary,
Stephen Sinclair, as defendant in this action.

(4)

The Clerk is further directed to send a copy of this Order to plaintiff and to counsel
for defendants.

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ORDER GRANTING DEFENDANT
MORGAN’S MOTION TO DISMISS

v.

Dated this 11th day of September, 2017.

A

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Ronald B. Leighton
United States District Judge

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ORDER GRANTING DEFENDANT MORGAN’S MOTION
TO DISMISS - 1