Lopez v. Clallam County

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATION (Dkt. 40 ). Plaintiff's motion to compel (Dkt. 44 ) is denied. Plaintiff's motion to reimburse the filing fee (Dkt. 42 ) is denied. Defendants' Motion for Summary Judgment (Dkt. 30 ) is granted, and Plaintiff's claims are dismissed with prejudice. Signed by District Judge Tiffany M. Cartwright. **3 PAGE(S), PRINT ALL**(Miguel Lopez, Prisoner ID: 425143)(AMD)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 MIGUEL ANGEL MEDEL LOPEZ, Plaintiff, 9 10 11 12 v. Case No. 3:22-cv-05525-TMC ORDER ADOPTING REPORT & RECOMMENDATION CLALLAM COUNTY, et al., Defendant. 13 14 The Court, having reviewed the Report and Recommendation of Magistrate Judge David 15 W. Christel, Plaintiff Miguel Angel Medel Lopez’s response to the Report and Recommendation, 16 and the remaining record, does hereby find and ORDER: 17 18 (1) The Court adopts the Report and Recommendation. a. Mr. Lopez did not file a response to Defendants’ motion for summary 19 judgment or objections to the Report and Recommendation within the original 20 time allowed. 21 22 b. Instead, on April 24, 2024, Mr. Lopez requested additional time to file objections to the Report and Recommendation. Dkt. 41. The Court granted 23 24 ORDER ADOPTING REPORT & RECOMMENDATION - 1 1 this request and allowed Mr. Lopez until May 31, 2024 to file objections. 2 Dkt. 43. 3 c. On May 28, 2024, Mr. Lopez filed a “Motion to Compel” combined with his 4 response to the Report and Recommendation. Dkt. 44. Mr. Lopez asks the 5 Court to “compel Defendants to send me a copy of medical records that 6 [defense counsel] subpoena[ed] from Washington State Department of 7 Corrections.” Id. at 1. But the discovery deadline in this case was December 8, 8 2023, and Mr. Lopez did not make any discovery requests or move to compel 9 before that deadline, despite the Court informing him he could do so if he was 10 not able to obtain discovery. See Dkt. 40 at 4; Dkt. 28 at 2. Mr. Lopez also 11 testified in his deposition that he had received copies of his medical records 12 from the Defendants. Dkt. 32-3 at 9. Mr. Lopez’s request to compel 13 production of his medical records is denied. 14 d. The Court has conducted de novo review of the Report and Recommendation 15 based on Mr. Lopez’s other objections. Fed. R. Civ. P. 72(b); United States v. 16 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). The Court will 17 briefly address each objection in turn. 18 e. Mr. Lopez contends that this proceeding has been unfair because the Court 19 denied his two motions to appoint counsel. Dkt. 44 at 2–3. But as Judge 20 Christel explained in denying those motions, there is no right to counsel in a 21 civil case, and Mr. Lopez did not present the extraordinary circumstances that 22 allow for the appointment of counsel. See Dkt. 28. 23 24 f. Mr. Lopez says that while he was at the Clallam County jail, an Officer Bluehouse intimidated him during court appearances by threatening to shoot ORDER ADOPTING REPORT & RECOMMENDATION - 2 1 him. Dkt. 44 at 3. There is not an Officer Bluehouse named as a Defendant in 2 this case, and this objection is not a basis for rejecting the Report and 3 Recommendation. 4 (2) Mr. Lopez’s motion to compel (Dkt. 44) is denied. 5 (3) Mr. Lopez has also filed a motion requesting reimbursement of the filing fees that 6 have been deducted from his prison account. Dkt. 42. But as Judge Christel explained 7 when granting Mr. Lopez’s application to proceed in forma pauperis, even though 8 Mr. Lopez is indigent, the law requires partial payments toward the court filing fee to 9 be collected from his prison account until the entire filing fee has been paid. See 10 11 12 13 14 Dkt. 3; 28 U.S.C. § 1915(b). Mr. Lopez’s motion to reimburse the filing fee is denied. (4) Defendants’ Motion for Summary Judgment (Dkt. 30) is granted, and Plaintiff’s claims are dismissed with prejudice. (5) The Clerk is directed to send copies of this Order to Plaintiff, counsel for Defendants, and to the Hon. David W. Christel. 15 16 17 18 19 Dated this 5th day of June, 2024. A Tiffany M. Cartwright United States District Judge 20 21 22 23 24 ORDER ADOPTING REPORT & RECOMMENDATION - 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?