Smith v. Pierce County

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Benjamin H. Settle re 26 Objections to Report and Recommendation filed by Terrence F Smith. **2 PAGE(S), PRINT ALL**(Terrence Smith, Prisoner ID: 320225)(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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TERRENCE F. SMITH,
Plaintiff,

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v.

CASE NO. C17-5235 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

PIERCE COUNTY,

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Defendant.

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

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of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 25), and

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Plaintiff Terrence Smith’s (“Smith”) objections to the R&R (Dkt. 26).

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On September 25, 2017, Judge Creatura issued the R&R recommending that the

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Court grant Defendant Pierce County’s (“County”) motion to dismiss. Dkt. 25. On

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October 19, 2017, Smith filed objections. Dkt. 26. On November 2, 2017, the County

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responded. Dkt. 27.

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The district judge must determine de novo any part of the magistrate judge’s
disposition that has been properly objected to. The district judge may accept, reject, or

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ORDER - 1

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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, Smith’s objections are without merit. Instead of identifying an error

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in the R&R, Smith merely reiterates his arguments opposing the County’s motion to

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dismiss. As such, the Court agrees with Judge Creatura that the County is not liable for

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the alleged actions of its judges and prosecutors for official actions occurring solely

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within the judicial system. Therefore, the Court having considered the R&R, Smith’s

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objections, and the remaining record, does hereby find and order as follows:

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(1)

The R&R is ADOPTED;

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(2)

The County’s motion to dismiss is GRANTED;

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(3)

Smith’s complaint is DISMISSED with prejudice;

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(4)

Smith’s in forma pauperis status is REVOKED; and

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(5)

The Clerks shall enter JUDGMENT for the County and close this case.

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Dated this 27th day of November, 2017.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2