Donnette-Sherman v. State of Washington

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATION re 41 Report and Recommendation; signed by Judge Benjamin H. Settle. The R&R is ADOPTED. Defendants motion to dismiss, Dkt. 35 , is GRANTED. Donnette-Sherman's in forma pauperis status is REVOKED for purposes of appeal. The Clerk shall enter a JUDGMENT and close the case. (SP)

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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. 41, and

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Plaintiff Joseph Michael Donnette-Sherman’s (“Donnette-Sherman”) objections to the

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R&R, Dkt. 42.

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On December 19, 2018, Judge Christel issued the R&R recommending that the

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Court grant Defendants’ motion to dismiss because Donnette-Sherman failed to state a

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claim. Dkt. 41. On January 11, 2019, Donnette-Sherman filed objections. Dkt. 42.

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The district judge must determine de novo any part of the magistrate judge’s

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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, Donnette-Sherman fails to assert valid objections. Donnette-

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Sherman’s claims are based on alleged violations of his rights during his criminal trial in

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state court. The law is clearly established that Donnette-Sherman may not challenge such

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alleged violations unless he successfully invalidates that conviction. Therefore,

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Donnette-Sherman’s civil rights claims against the prosecutor and his court-appointed

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counsel necessarily fail because his conviction has not been invalidated.

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The Court having considered the R&R, Donnette-Sherman’s 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)

Defendants’ motion to dismiss, Dkt. 35, is GRANTED;

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(3)

Donnette-Sherman’s in forma pauperis status is REVOKED for purposes

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of appeal; and

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(4)

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Dated this 2nd day of April, 2019.

The Clerk shall enter a JUDGMENT and close the case.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2