Hunter v. Rohrer et al

Filing 55

ORDER DECLINING TO ADOPT 42 REPORT AND RECOMMENDATION, signed by Judge Benjamin H. Settle. Defendant's 28 motion for summary judgment is DENIED without prejudice; this matter is re-referred to Magistrate Judge J Richard Creatura for further proceedings. (ERA)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DARRICK L. HUNTER,
Plaintiff,

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v.
CHARLES N. ROHRER, et al.,

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Defendants.

CASE NO. C18-5198 BHS
ORDER DECLINING TO ADOPT
REPORT AND
RECOMMENDATION AND
REFERRING FOR FURTHER
PROCEEDINGS

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This matter comes before the Court on the Report and Recommendation (“R&R”)

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of the Honorable J. Richard Creatura, United States Magistrate Judge, Dkt. 42, Plaintiff

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Darrick Hunter’s (“Hunter”) objections to the R&R, Dkt. 43, and the parties’ status

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report, Dkt. 54.

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On April 24, 2019, Judge Creatura issued the R&R recommending that the Court

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grant Defendants Margaret Gilbert, Timothy McCandless, Keith Morgan, and Charles

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Rohrer’s (“Defendants”) motion for summary judgment. Dkt. 42. On May 9, 2019,

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Hunter filed objections. Dkt. 43. On October 2, 2019, the Court appointed counsel for

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Hunter. Dkt. 51. On November 21, 2019, the parties filed a joint status report outlining

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how each side intends to proceed with this matter. Dkt. 54.

ORDER - 1

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Upon review of the report, the Court agrees with Hunter that the Court’s order

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requesting supplemental briefing was not intended to narrow the scope of the issues in

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this matter nor comment on the R&R. Because the parties agree that discovery should be

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reopened, the Court concludes that the best path forward is to decline to adopt the R&R

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and refer the matter for further discovery and dispositive motions. It seems unnecessary

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to rule on issues at this time before additional discovery is completed or an amended

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complaint is possibly filed. Therefore:

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(1)

The Court declines to ADOPT the R&R;

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(2)

Defendants’ motion, Dkt. 28, is DENIED without prejudice; and

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(3)

The matter is referred for further proceedings.

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Dated this 11th day of December, 2019.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2