Sutton v. Heaward et al

Filing 68

ORDER ADOPTING the 66 Report and Recommendations; and this case is DISMISSED. Signed by Judge Robert J. Bryan. **2 PAGE(S), PRINT ALL**(Jason Sutton, Prisoner ID: 730954)(CMG)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

8
9
10
11
12
13
14
15

CASE NO. 17-5546 RJB-TLF

JASON LEE SUTTON,
Plaintiff,
v.

ORDER ADOPTING REPORT AND
RECOMMENDATION

DARREN HEAWARD, JEFF KETTEL,
and KENNETH E. MCKINNEY,
Defendants.

16
17
18
19
20
21
22
23

THIS MATTER comes before the Court on the Report and Recommendation of U.S.
Magistrate Judge Theresa L. Fricke. Dkt. 66. The Court has reviewed the Report and
Recommendation, objections, if any, and is fully advised.
In this civil rights case, Plaintiff, a pro se prisoner, contends that, due to his prior lawsuits
against the Department of Corrections (“DOC”) and its staff, the Defendants, who are DOC
corrections officers, denied him due process and retaliated against him when they disciplined
him after allegedly finding a metal object in his shoe. Dkt. 12. On August 8, 2018, the Report

24

ORDER ADOPTING REPORT AND RECOMMENDATION - 1

1

and Recommendation was filed, recommending that the Defendants’ motion for summary

2

judgment be granted and the case dismissed. Dkt. 66.

3
4

DISCUSSION
The Report and Recommendation (Dkt. 66) should be adopted and the case dismissed.

5

The Plaintiff has failed to demonstrate that there are genuine issues of material fact. Defendants

6

have shown that they are entitled to a judgment as a matter of law. The Defendants’ motion for

7

summary dismissal should be granted.

8
9

ORDER
It is ORDERED that:

10

•

The Report and Recommendation (Dkt. 66) IS ADOPTED; and

11

•

The case IS DISMISSED.

12

The Clerk is directed to send uncertified copies of this Order to U.S. Magistrate Judge

13

Theresa L. Fricke, all counsel of record, and to any party appearing pro se at said party’s last

14

known address.

15
16
17
18

Dated this 28th day of August, 2018.

A
ROBERT J. BRYAN
United States District Judge

19
20
21
22
23
24

ORDER ADOPTING REPORT AND RECOMMENDATION - 2