Casterlow-Bey v. United States of America

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Benjamin H. Settle re 6 Objections to Report and Recommendation filed by Gary Casterlow-Bey. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GARY CASTERLOW-BEY,
Plaintiff,

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v.

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ORDER ADOPTING REPORT
AND RECOMMENDATION

UNITED STATES OF AMERICA,

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CASE NO. C17-5696 BHS

Defendant.

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This matter comes before the Court on the Report and Recommendation (“R&R”)

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of the Honorable Theresa L. Fricke, United States Magistrate Judge (Dkt. 5), and Plaintiff

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Gary Casterlow-Bey’s (“Plaintiff”) objections to the R&R (Dkt. 6).

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On October 10, 2017, Judge Fricke issued the R&R recommending that the Court

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dismiss Plaintiff’s complaint because it fails to state a claim upon which relief may be

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granted. Dkt. 5. On October 25, 2017, Plaintiff filed objections. Dkt. 6.

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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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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).

ORDER - 1

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In this case, the Court concludes that Plaintiff’s objections are without merit.

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Plaintiff continues to argue that he may sue the federal government requesting that the

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government (1) identify his nationality of “Moorish-American” on his birth certificate,

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(2) eradicate the association of slave names, and (3) remit reparations. None of these

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assertions states a valid claim for relief. Therefore, the Court having considered the

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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)

Plaintiff’s complaint is DISMISSED with prejudice for failure to state a

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claim upon which relief may be granted,
(3)

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For purposes of 28 U.S.C. § 1915(g), Plaintiff is incarcerated and detained;
and

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(4)

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Dated this 17th day of November, 2017.

The Clerk shall close this case.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2