Smith v. Pierce County
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)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TERRENCE F. SMITH,
CASE NO. C17-5235 BHS
ORDER ADOPTING REPORT
This matter comes before the Court on the Report and Recommendation (“R&R”)
of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 25), and
Plaintiff Terrence Smith’s (“Smith”) objections to the R&R (Dkt. 26).
On September 25, 2017, Judge Creatura issued the R&R recommending that the
Court grant Defendant Pierce County’s (“County”) motion to dismiss. Dkt. 25. On
October 19, 2017, Smith filed objections. Dkt. 26. On November 2, 2017, the County
responded. Dkt. 27.
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
ORDER - 1
modify the recommended disposition; receive further evidence; or return the matter to the
magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
In this case, Smith’s objections are without merit. Instead of identifying an error
in the R&R, Smith merely reiterates his arguments opposing the County’s motion to
dismiss. As such, the Court agrees with Judge Creatura that the County is not liable for
the alleged actions of its judges and prosecutors for official actions occurring solely
within the judicial system. Therefore, the Court having considered the R&R, Smith’s
objections, and the remaining record, does hereby find and order as follows:
The R&R is ADOPTED;
The County’s motion to dismiss is GRANTED;
Smith’s complaint is DISMISSED with prejudice;
Smith’s in forma pauperis status is REVOKED; and
The Clerks shall enter JUDGMENT for the County and close this case.
Dated this 27th day of November, 2017.
BENJAMIN H. SETTLE
United States District Judge
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?