Denton v. Pastor et al

Filing 203

ORDER ADOPTING 202 REPORT AND RECOMMENDATION signed by Judge Benjamin H. Settle. Defendants' 201 Objection and Motion to Strike is DENIED; Defendants' 173 Motion for Summary Judgment is GRANTED in part and DENIED in part. Claims against Charla James-Hutchison, Janet Rhoton, Brasswell and Jackie Caruso are DISMISSED without prejudice. Joint Status Report due by 1/31/2022. (ZMG)

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Case 3:17-cv-05075-BHS Document 203 Filed 01/24/22 Page 1 of 2 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 CASE NO. C17-5075 BHS-TLF MICHAEL DENTON, Plaintiff, 9 10 v. ORDER ADOPTING REPORT AND RECOMMENDATION PAUL A. PASTOR, et al., 11 Defendants. 12 13 This matter comes before the Court on the Report and Recommendation (“R&R”) 14 of the Honorable Theresa L. Fricke, United States Magistrate Judge. Dkt. 202. The Court 15 having considered the R&R and the remaining record, and no objections having been 16 filed, does hereby find and order as follows: 17 (1) The R&R is ADOPTED; 18 (2) Defendants’ Objection and Motion to Strike, Dkt. 201, is DENIED; 19 (3) Defendants’ Motion for Summary Judgment, Dkt. 173, is GRANTED in 20 part and DENIED in part as follows; 21 a. Plaintiff’s due process claims against Defendants Jackson and Jones are 22 DISMISSED without prejudice; 23 24 ORDER - 1 Case 3:17-cv-05075-BHS Document 203 Filed 01/24/22 Page 2 of 2 b. Plaintiff’s claims against Defendants Rhoton, Caruso, James- 1 2 Hutchinson, and Braswell-Bouyer are DISMISSED without prejudice; c. Plaintiff’s claims based on the one razor policy are DISMISSED with 3 4 prejudice; 5 d. Plaintiff’s access to courts claim is DISMISSED with prejudice; 6 e. Defendants’ Motion for Summary Judgment, Dkt. 173, is DENIED as 7 8 to all other claims; (4) 9 joint status report no later than January 31, 2022 regarding trial length and 10 11 availability. Dated this 24th day of January, 2022. A 12 13 BENJAMIN H. SETTLE United States District Judge 14 15 16 17 18 19 20 21 22 23 24 The referral to Judge Fricke is terminated, and the parties shall submit a ORDER - 2

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