Denton v. Pastor et al

Filing 78

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 69 Objections to Report and Recommendation, filed by Michael Denton. **2 PAGE(S), PRINT ALL**(Michael Denton, Prisoner ID: 898610)(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHAEL DENTON,
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CASE NO. C17-5075 BHS-TLF
Plaintiff,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

PAUL PASTOR,
Defendant.

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This matter comes before the Court on the Report and Recommendation (“R&R”)
of the Honorable Theresa L. Fricke, United States Magistrate Judge (Dkt. 63), and
Plaintiff’s objections to the R&R (Dkt. 69).
On May 25, 2017, Plaintiff filed a motion for a temporary restraining order and
preliminary injunction. Dkt. 42. In his motion, Plaintiff, who is in custody at the Pierce
County Jail, sought to compel Defendants to provide him with his legal materials that
were not transferred with him to Western State Hospital for safety purposes. Id. Plaintiff
has since been returned to the Pierce County Jail and, while Plaintiff initially refused the
return of his legal materials, the materials were ultimately returned to him upon his
request. See Dkt. 52. On September 20, 2017, Judge Fricke entered her R&R denying
Plaintiff’s motion. Dkt. 63. On September 28, 2017, Plaintiff objected. Dkt. 69.

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ORDER - 1

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

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disposition to which a party has properly objected. The district judge may accept, reject,

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

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

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As noted by Judge Fricke, Plaintiff has failed to show that he will suffer

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irreparable injury absent immediate court intervention, that he will likely prevail on the

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merits, that the balance of potential harm weighs in his favor, or that the public interest

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favors granting him the relief he has requested. Indeed, Plaintiff’s legal documents were

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promptly returned to him and Defendants have a legitimate basis for refusing to

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temporarily transfer such documents to Western State Hospital in order to avoid the

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danger of trafficking contraband between the facilities. Therefore, having considered the

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R&R, Plaintiff’s objections, and the remaining record, the Court does hereby find and

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order as follows:

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(1)

The R&R is ADOPTED; and

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(2)

Plaintiff’s motion for a temporary restraining order and preliminary

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injunction (Dkt. 42) is DENIED.
Dated this 31st day of October, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2