Denton v. Pastor et al

Filing 130

ORDER DECLINING TO ADOPT 126 REPORT AND RECOMMENDATION AND REFERRING FOR FURTHER CONSIDERATION; signed by Judge Benjamin H. Settle. The Court declines to ADOPT the R&R. The Clerk shall refer the mater to Judge Fricke for further proceedings and consideration. **2 PAGE(S), PRINT ALL**(Michael Denton, Prisoner ID: 898610)(SP)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHAEL DENTON,

CASE NO. C17-5075 BHS-TLF
Plaintiff,

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v.
PAUL A. PASTOR, et al.,

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Defendants.

ORDER DECLINING TO ADOPT
REPORT AND
RECOMMENDATION AND
REFERRING FOR FURTHER
CONSIDERATION

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This matter comes before the Court on the Report and Recommendation (“R&R”)

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of the Honorable Theresa L. Fricke, United States Magistrate Judge, Dkt. 126,

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Defendants’ objections to the R&R, Dkt. 128, and Plaintiff Michael Denton’s (“Denton”)

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objections to the R&R, Dkt. 129.

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On October 19, 2018, the Court dismissed Denton’s remaining claims in Denton v.

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Pastor, C16-5314RJB, “as a sanction for non-participation, non-compliance, and

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multiplying and obstructing proceedings.” Id., Dkt. 248. On October 23, 2018, Judge

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Fricke issued the R&R in this case recommending that the Court deny Defendants’

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motion to dismiss in part and grant the motion in part. Dkt. 126. On November 6, 2018,

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Defendants filed objections arguing that many of Denton’s current claims should be

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ORDER - 1

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dismissed under the doctrine of res judicata based on the Court’s order in C16-5314RJB.

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Dkt. 128. That same day, Denton filed objections arguing that his request for injunctive

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relief should not be dismissed. Dkt. 129.

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The district judge must determine de novo any part of the magistrate judge’s

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disposition that has been properly objected to. The district judge may accept, reject, or

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modify the recommended disposition; receive further evidence; or return the matter to the

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magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).

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In this case, the Court finds that Defendants’ objections have merit. The Court,
however, concludes that the best course of action is to refer the matter to Judge Fricke for

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her to consider the merits of a fully briefed motion on the issue of res judicata.

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Therefore, the Court having considered the R&R, the parties’ objections, and the

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remaining record, does hereby find and order as follows:

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(1)

The Court declines to ADOPT the R&R; and

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(2)

The Clerk shall refer the matter to Judge Fricke for further proceedings and

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consideration.
Dated this 31st day of January, 2019.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2