Cross v. Department of Corrections
Filing
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ORDER ADOPTING 50 REPORT AND RECOMMENDATION by Judge Robert J. Bryan. Plaintiff's motions, Dkts. 38 and 41 , are DENIED. **2 PAGE(S), PRINT ALL**(Ryan Cross, Prisoner ID: 382374)(GMR)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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RYAN CROSS,
CASE NO. 3:18-cv-05186-RJB-JRC
Plaintiff,
v.
JENNIFER ROSS, et al.,
ORDER ADOPING REPORT AND
RECOMMENDATION DENYING
PLAINTIFF’S MOTIONS
Defendants.
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THIS MATTER comes before the Court on the Report and Recommendation of
Magistrate Judge J. Richard Creatura. Dkt. 50. The R&R recommends that two motions filed by
Plaintiff be denied. Plaintiff has not filed an Objection to the R&R.
Plaintiff brings this §1983 action to challenge in-custody medical treatment for an alleged
soy allergy. See generally, Dkt. 11. Plaintiff’s first motion, Dkt. 38, entitled, “Plaintiff’s Answer
to Defendant’s [sic] on My Third Amended Civil Rights Complaint,” seeks an order granting
summary judgment, “on ground’s of fact that defendent’s deny I have a soy allergy and calling
me a liar, and that I don’t have a legal claim [sic].” Plaintiff’s second motion, Dkt. 41, entitled,
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ORDER ADOPING REPORT AND RECOMMENDATION DENYING PLAINTIFF’S MOTIONS - 1
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“Plaintiff’s answer to defendent’s on my third amended civil right’s complaint [sic],” also seeks
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summary judgment. Dkt. 41.
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The Court agrees with the R&R that both motions should be construed as motions for
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summary judgment. Neither motion is substantiated, by affidavit or otherwise, but even if so,
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Defendant’s Response points to issues of fact as to Plaintiff’s allergies that would preclude
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summary judgment in favor of Plaintiff. The R&R should be adopted, and summary judgment in
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favor of Plaintiff should be denied.
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***
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THEREFORE, it is HEREBY ORDERED:
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(1) The Report and Recommendation (Dkt. 50) is ADOPTED.
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(2) Plaintiff’s motions, Dkts. 38 and 41, are DENIED.
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IT IS SO ORDERED.
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The Clerk is directed to send uncertified copies of this Order to all counsel of record and
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to any party appearing pro se at said party’s last known address.
Dated this 5th day of November, 2018.
A
ROBERT J. BRYAN
United States District Judge
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ORDER ADOPING REPORT AND RECOMMENDATION DENYING PLAINTIFF’S MOTIONS - 2
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