Casterlow-Bey v. United States of America et al

Filing 8

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.

CASE NO. C17-5710 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

UNITED STATES OF AMERICA, 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 Theresa L. Fricke, United States Magistrate Judge (Dkt. 5), and Plaintiff

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Gary Casterlow-Bey’s (“Plaintiff”)’s objections to the R&R (Dkts. 6, 7 ).

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On October 16, 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 24, 2017, Plaintiff filed objections. Dkts. 6, 7.

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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) restore his nationality of “Moorish-American,” (2) restore land in

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Washington State for Moorish Americans, and (3) remove “black, negro, and colored

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from all records of identification.” Dkt. 6. None of these assertions states a valid claim

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for relief. Therefore, the Court having considered the R&R, Plaintiff’s objections, and

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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)

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