Robinson v. Jackson et al

Filing 15

ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATION re 13 Report and Recommendation. Signed by Judge Robert J. Bryan. (JL) Paper copy sent to plaintiff @ Tacoma address . Modified on 12/11/2017 (JL).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ABEL ROBINSON,

CASE NO. 17-5794 RJB DWC
Plaintiff,

v.

ORDER DECLINING TO ADOPT
REPORT AND
RECOMMENDATION

JACKSON, et al.,

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Defendants.

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This matter comes before the Court on the Report and Recommendation of U.S.

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Magistrate Judge David W. Christel. Dkt. 13. The Court has considered the Report and

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Recommendation, objections, if any, and the remaining file.

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Plaintiff, pro se, filed this civil rights case on October 2, 2017, asserting that his

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constitutional rights were being violated due to the lack of adequate medical care at the Pierce

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County, Washington Jail. Dkt. 1. Plaintiff moved for, and was granted, in forma pauperis status.

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Dkts. 1 and 6.

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On November 8, 2017, Plaintiff filed a pleading entitled “Motion to Voluntarily Dismiss

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Complaint/Civil Suit with Jury Trial Demanded,” stating that “the issues have been

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resolved/settled.” Dkt. 11. The Court notes that the handwriting and signature are very different

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on this pleading than on Plaintiff’s other pleadings.

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ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATION - 1

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On November 15, 2017, Plaintiff filed a Second Amended Complaint, raising some of the

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medical issues that were in his prior complaints. Dkt. 12. Before the Second Amended

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Complaint was docketed, on November 17, 2017, the instant Report and Recommendation was

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issued, recommending that the motion to voluntarily dismiss the case be granted and the matter

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closed. Dkt. 13.

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On December 7, 2017, Plaintiff filed a pleading indicating that he did not move to

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dismiss the case. Dkt. 14. In the pleading, Plaintiff also inquires of the Clerk of the Court if he

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would consider appointing him counsel. Id.

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Plaintiff appears to be intending to proceed with this case. The Report and

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Recommendation (Dkt. 13) should not be adopted. Plaintiff’s motion to voluntarily dismiss

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(Dkt. 11) should be denied without prejudice. The case should be re-referred to U.S. Magistrate

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Judge David W. Christel for further proceedings.

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It is ORDERED that:

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

The Court DECLINES to ADOPT the Report and Recommendation (Dkt. 13);

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

Plaintiff’s “Motion to Voluntarily Dismiss Complaint/Civil Suit with Jury Trial

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Demanded” (Dkt. 11) IS DENIED WITHOUT PREJUDICE;
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The case IS RE-REFERRED to U.S. Magistrate Judge David W. Christel for
further proceedings.

The Clerk is directed to send uncertified copies of this Order to all counsel of record and
to any party appearing pro se at said party’s last known address.
Dated this 11th day of December, 2017.

A
ROBERT J. BRYAN
United States District Judge
ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATION - 2