Smith v. Sovenir et al

Filing 69

ORDER ADOPTING 62 REPORT AND RECOMMENDATION. Defendants' motion for summary judgment (Dkt. 30 ) is GRANTED in part and DENIED in part; Plaintiff's motion to remove defendant Robin Souvenir (Dkt. 49 ) is GRANTED; the claims against Defendant Souvenir are DISMISSED with prejudice; Plaintiff's motion of injunction to motion for summary judgment (Dkt. 53 ) and motion to proceed to trial (Dkt. 54 ) are DENIED as moot. Signed by Judge Robert S. Lasnik. **2 PAGE(S), PRINT ALL**(Jonathan Smith, Prisoner ID: 849151)(SR)

1
2
3
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

4
5
6

JONATHAN DANIEL SMITH,

7
8
9

Plaintiff,

v.

ROBIN SOUVENIR, et al.,

Case No. 3:19-cv-05838-RSL-TLF
ORDER ADOPTING REPORT
AND RECOMMENDATION

Defendants.

10

The Court, having reviewed plaintiff's complaint, the Report and

11
12

Recommendation of Judge Theresa L. Fricke, United States Magistrate Judge, and

13

objections to the report and recommendation, if any, and the remaining record, does

14

hereby find and ORDER:

15

(1)

The Court adopts the Report and Recommendation;

16

(2)

Defendants’ motion for summary judgment (Dkt.30) is GRANTED in part and

17

DENIED in part, as follows:

18

a. The motion is GRANTED and Plaintiff’s claims for violation of the Eighth

19

Amendment, Plaintiff’s claims against Defendant Souvenir, Plaintiff’s

20

Fourteenth Amendment claims against Defendant Matlock for failure to

21

protect and Plaintiff’s Fourteenth Amendment claims against Defendants

22

Matlock and Kimball for delay of medical care are DISMISSED with

23

prejudice;

24
25
ORDER ADOPTING REPORT AND
RECOMMENDATION - 1

1

b. The motion is DENIED with respect to Plaintiff’s Fourteenth Amendment

2

claim against Defendant Kimball for failure to protect. This denial is

3

without prejudice to defendants filing a second motion for summary

4

judgment on the issue of exhaustion of administrative remedies.

5

(3)

6
7
8
9

Plaintiff’s motion to remove defendant Robin Souvenir (Dkt. 49) is GRANTED;
the claims against Defendant Souvenir are DISMISSED with prejudice;

(4)

Plaintiff’s motion of injunction to motion for summary judgment (Dkt. 53) and
motion to proceed to trial (Dkt. 54) are DENIED as moot;
Dated this 26th day of April, 2021.

10
11

A
Robert S. Lasnik

12

United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
ORDER ADOPTING REPORT AND
RECOMMENDATION - 2