Casterlow-Bey v. United States of America et al
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)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. C17-5710 BHS
ORDER ADOPTING REPORT
UNITED STATES OF AMERICA, et
This matter comes before the Court on the Report and Recommendation (“R&R”)
of the Honorable Theresa L. Fricke, United States Magistrate Judge (Dkt. 5), and Plaintiff
Gary Casterlow-Bey’s (“Plaintiff”)’s objections to the R&R (Dkts. 6, 7 ).
On October 16, 2017, Judge Fricke issued the R&R recommending that the Court
dismiss Plaintiff’s complaint because it fails to state a claim upon which relief may be
granted. Dkt. 5. On October 24, 2017, Plaintiff filed objections. Dkts. 6, 7.
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
modify the recommended disposition; receive further evidence; or return the matter to the
magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
ORDER - 1
In this case, the Court concludes that Plaintiff’s objections are without merit.
Plaintiff continues to argue that he may sue the federal government requesting that the
government (1) restore his nationality of “Moorish-American,” (2) restore land in
Washington State for Moorish Americans, and (3) remove “black, negro, and colored
from all records of identification.” Dkt. 6. None of these assertions states a valid claim
for relief. Therefore, the Court having considered the R&R, Plaintiff’s objections, and
the remaining record, does hereby find and order as follows:
The R&R is ADOPTED;
Plaintiff’s complaint is DISMISSED with prejudice for failure to state a
claim upon which relief may be granted;
For purposes of 28 U.S.C. § 1915(g), Plaintiff is incarcerated and detained;
Dated this 17th day of November, 2017.
The Clerk shall close this case.
BENJAMIN H. SETTLE
United States District Judge
ORDER - 2
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