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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?