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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 TERRENCE F. SMITH, Plaintiff, 9 10 v. CASE NO. C17-5235 BHS ORDER ADOPTING REPORT AND RECOMMENDATION PIERCE COUNTY, 11 Defendant. 12 13 This matter comes before the Court on the Report and Recommendation (“R&R”) 14 of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 25), and 15 Plaintiff Terrence Smith’s (“Smith”) objections to the R&R (Dkt. 26). 16 On September 25, 2017, Judge Creatura issued the R&R recommending that the 17 Court grant Defendant Pierce County’s (“County”) motion to dismiss. Dkt. 25. On 18 October 19, 2017, Smith filed objections. Dkt. 26. On November 2, 2017, the County 19 responded. Dkt. 27. 20 21 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 22 ORDER - 1 1 modify the recommended disposition; receive further evidence; or return the matter to the 2 magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3). 3 In this case, Smith’s objections are without merit. Instead of identifying an error 4 in the R&R, Smith merely reiterates his arguments opposing the County’s motion to 5 dismiss. As such, the Court agrees with Judge Creatura that the County is not liable for 6 the alleged actions of its judges and prosecutors for official actions occurring solely 7 within the judicial system. Therefore, the Court having considered the R&R, Smith’s 8 objections, and the remaining record, does hereby find and order as follows: 9 (1) The R&R is ADOPTED; 10 (2) The County’s motion to dismiss is GRANTED; 11 (3) Smith’s complaint is DISMISSED with prejudice; 12 (4) Smith’s in forma pauperis status is REVOKED; and 13 (5) The Clerks shall enter JUDGMENT for the County and close this case. 14 Dated this 27th day of November, 2017. A 15 16 BENJAMIN H. SETTLE United States District Judge 17 18 19 20 21 22 ORDER - 2

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