Hunter v. Maneses et al

Filing 23

ORDER adopting 22 Report and Recommendation. Defendants Tammy Boylan and Dominique Miller's Motion to Dismiss, Dkt. # 17 , is GRANTED. Plaintiff is granted leave to amend so that he may attempt to cure his pleading deficiencies. Leave to amen d is limited to Plaintiffs First Amendment retaliation claims against Defendants Boylan and Miller. If Plaintiff wishes to proceed in this action, he must file a second amended complaint no later than 30 days from the date of this Order. The Clerk is directed to send copies of this Order to Plaintiff, counsel for the Defendants, and to the Hon. David W. Christel. Signed by Judge Ricardo S. Martinez.(TE)(cc: Plaintiff via USPS)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8

DARRICK L. HUNTER,

9
10
11

Plaintiff,
v.

Case No. 2:24-cv-5267-RSM-DWC
ORDER ADOPTING REPORT AND
RECOMMENDATION

TAMMY BOYLAN, et al.,

12

Defendants.

13
14
15
16
17
18
19
20
21
22
23
24

The Court, having reviewed the Report and Recommendation of Magistrate Judge
David W. Christel, objections to the Report and Recommendation, if any, and the remaining
record, does hereby find and ORDER:
(1) The Court ADOPTS the Report and Recommendation, Dkt. #22.
(2) Defendants Tammy Boylan and Dominique Miller’s Motion to Dismiss, Dkt. #17, is
GRANTED.
(3) Plaintiff is granted leave to amend so that he may attempt to cure his pleading
deficiencies. Leave to amend is limited to Plaintiff’s First Amendment retaliation
claims against Defendants Boylan and Miller. If Plaintiff wishes to proceed in this
action, he must file a second amended complaint no later than 30 days from the
date of this Order. Failure to file a second amended complaint by the stated

ORDER ADOPTING REPORT AND RECOMMENDATION - 1

1
2
3
4

deadline will result in dismissal of this action for failure to comply with a court
order and for failure to state a claim.
(4) The Clerk is directed to send copies of this Order to Plaintiff, counsel for the
Defendants, and to the Hon. David W. Christel.

5
6
7
8
9

DATED this 22nd day of November, 2024.

A

RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ORDER ADOPTING REPORT AND RECOMMENDATION - 2