Smith v. L'Heureux et al

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATION re 24 GRANTING 20 dismissing without prejudice Defendants L'Heureux, Wayman, Bradt, and Amsbury; dismissing with prejudice Dahne, McTarsney, and C.O. McGinnis; the case shall proceed against Defendants Ellis and Jones; signed by Judge Ronald B. Leighton. **2 PAGE(S), PRINT ALL**(Jess Smith, Prisoner ID: 739951)(DN)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JESS R. SMITH,

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Plaintiff,
v.

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Case No. C18-5427-RBL-TLF
ORDER ADOPTING REPORT AND
RECOMMENDATION

THOMAS L'HEUREUX, et al.,
Defendants.

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

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Recommendation [Dkt. #24], recommending that the Court grant defendants’ Thomas

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L’Heureux, Michael Wayman, M. Bradt, J. Amsbury, D. Dahne, K. McTarsney, and C.O.

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McGinnis’ Motion to Dismiss pursuant to Fed. R. Civ. P. 12(c).

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(1)

The Magistrate Judge’s Report and Recommendation is ADOPTED;

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(2)

Defendants’ Motion to Dismiss (Dkt. #20) is GRANTED;

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(3)

Plaintiff’s claims against defendants Thomas L’Heureux, Michael Wayman, M. Bradt,
J. Amsbury, are DISMISSED without prejudice for failure to state a claim.

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(4)

DISMISSED with prejudice for failure to state a claim.

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(5)

As plaintiff has been granted in forma pauperis, in forma pauperis may continue in the
event of appeal. See Rule of Appellate Procedure 24(a)(3).

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Plaintiff’s claims against D. Dahne, K. McTarsney, and C.O. McGinnis are

(6)

The case shall proceed against the non-moving defendants Sgt. Ellis and C.U.S. Jones.

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ORDER ADOPTING REPORT AND RECOMMENDATION
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(7)

The Clerk is directed to send copies of this Order to plaintiff, to Magistrate Judge
Fricke, and to any other party that has appeared in this action.

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IT IS SO ORDERED.

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Dated this 9th day of May, 2019.

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A

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Ronald B. Leighton
United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION
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