Donnette-Sherman v. State of Washington

Filing 43

ORDER ADOPTING 34 REPORT AND RECOMMENDATION signed by Judge Benjamin H. Settle. (MGC)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JOSEPH MICHAEL DONNETTESHERMAN,

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Plaintiff,

CASE NO. C17-5600 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
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STATE OF WASHINGTON, et al.,
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Defendants.
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This matter comes before the Court on the Report and Recommendation (“R&R”)

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of the Honorable David W. Christel, United States Magistrate Judge, Dkt. 34, and

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Plaintiff Joseph Michael Donnette-Sherman’s (“Plaintiff”) objections to the R&R, Dkt.

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38.

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On November 6, 2018, Judge Christel issued the R&R recommending that the

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Court grant Defendant State of Washington’s (“State”) motion to dismiss because it is not

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subject to suit under 42 U.S.C. § 1983. Dkt. 34. On November 16, 2018, Plaintiff filed

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objections. Dkt. 38.

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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

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, Plaintiff’s objection is based on his concern that the State has a duty

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to provide documentation of state court criminal matters. Dkt. 38. Plaintiff fails to

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establish that the State must be maintained as a party to the matter even if it has a duty to

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provide some discovery relevant to his claims. Therefore, the Court having considered

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

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follows:

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(1)

The R&R is ADOPTED;

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(2)

The State’s motion to dismiss is GRANTED; and

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(3)

The Clerk shall terminate the State as a party.

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Dated this 24th day of January, 2019.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2