Bango et al v Pierce County, Washington et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATION re #42 Objections to Report and Recommendation filed by Scott Bailey, Donald Bango; the Report and Recommendation re dismissal is ADOPTED, plaintiffs' complaint is DISMISSED Without Prejudice; signed by Judge Ronald B. Leighton. (DN)

HONORABLE RONALD B. LEIGHTON

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

7
8
9

DONALD BANGO, et al.,
Plaintiffs,

10
11

v.

CASE NO. C17-6002 RBL
ORDER

PIERCE COUNTY, WASHINGTON,

12

Defendant.

13
14

THIS MATTER is before the Court on Magistrate Judge Christel’s Report and

15

Recommendation [Dkt. #41], recommending that the Court grant Defendants’ Motion to Dismiss

16

[Dkt. # 27]. The Court has also reviewed Plaintiffs’ objections [Dkt. # 42] to a portion of the

17

R&R they claim is (incorrect) dicta.

18
19
20

1. The Report and Recommendation regarding dismissal is ADOPTED, and plaintiffs’
complaint is DISMISSED without prejudice.
2. Plaintiffs’ objection to the dicta portion of the R&R (regarding entitlement post–

21

incarceration medication under Wakefield v. Thompson, 177 F. 3d 1160 (9th Cir. 1999))

22

is well-taken, though as they concede it is not part the holding. This Court does not adopt

23

that portion of the R & R.

24

ORDER - 1

1

3. The Clerk shall send copies of this Order to Plaintiff, Defendants’ counsel, and to United

2

States Magistrate Judge Christel.

3

IT IS SO ORDERED.

4

Dated this 7th day of May, 2018.

5
6

A

7

Ronald B. Leighton
United States District Judge

8

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

ORDER - 2