Demos v. Gonzalez et al

Filing 10

ORDER ADOPTING #9 REPORT AND RECOMMENDATION by Judge Ricardo S. Martinez. The Court does hereby find and ORDER: (1) The Court adopts the Report and Recommendation. (2) Plaintiffs Proposed Complaint (Dkt. #1 -1, #2 ) is dismissed without prejudice, the in forma pauperis (IFP) application is denied (Dkt. #1 ), and this case is closed. (3) Plaintiffs proposed motion to supplement the pleadings (Dkt. #4 at 2) is denied. (4) Plaintiffs proposed motion to request to take judicial notice of all proffers and exhibits (Dkt. #4 ) is denied. (5) Plaintiffs proposed motion to the court to request that an investigation be conducted immediately (Dkt. #3 ) is denied. (6) Plaintiffs proposed motion to turn a 42 U.S.C. 1983 into a 28 U.S.C. 2254 writ of habeas corpus to challenge unconstitutional conditions of confinement (Dkt. #4 at 5-10) is denied. (7) Plaintiffs proposed motion to quash, abate, vacate, void, annul, or rescind the major infraction report (Dkt. #6 ) is denied. (8) Plaintiffs proposed motion for reconsideration or in the alternative a notice of appeal (Dkt. #4 at 60) related to the anticipated ruling, plaintiffs proposed rebuke to the R+R of the R+R of the U.S. Magistrate Judge (Dkt. #5 ), and plaintiffs proposed motion for discovery (Dkt. #4 at 12) in response to the anticipated order of dismissal are denied without prejudice as premature.**2 PAGE(S), PRINT ALL**(John Demos, Prisoner ID: 287455)(MIH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JOHN ROBERT DEMOS, JR.,

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Plaintiff,
v.

ORDER ADOPTING REPORT AND
RECOMMENDATION

ROY GONZALEZ, et al.,
Defendants.

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Case No. 3:24-cv-05845-RSM-TLF

The Court, having reviewed the Report and Recommendation of Judge Theresa

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L. Fricke, United States Magistrate Judge, objections to the report and

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recommendation, if any, and the remaining record, does hereby find and ORDER:

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(1)

The Court adopts the Report and Recommendation.

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(2)

Plaintiff’s proposed complaint (Dkt. 1-1, 2) is dismissed without prejudice,

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the in forma pauperis (IFP) application is denied (Dkt. 1), and this case is

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closed.

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(3)

denied.

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(4)

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Plaintiff’s proposed “motion to request to take judicial notice of all proffers
and exhibits” (Dkt. 4) is denied.

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Plaintiff’s proposed “motion to supplement the pleadings” (Dkt. 4 at 2) is

(5)

Plaintiff’s proposed “motion to the court to request that an investigation be
conducted immediately” (Dkt. 3) is denied.

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ORDER ADOPTING REPORT AND
RECOMMENDATION - 1

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(6)

Plaintiff’s proposed “motion to turn a 42 U.S.C. 1983 into a 28 U.S.C. 2254

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writ of habeas corpus to challenge unconstitutional conditions of

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confinement” (Dkt. 4 at 5-10) is denied.

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(7)

the major infraction report” (Dkt. 6) is denied.

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Plaintiff’s proposed “motion to quash, abate, vacate, void, annul, or rescind

(8)

Plaintiff’s proposed “motion for reconsideration or in the alternative a notice

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of appeal” (Dkt. 4 at 60) related to the “anticipated ruling”, plaintiff’s

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proposed “rebuke to the R+R of the R+R of the U.S. Magistrate Judge”

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(Dkt. 5), and plaintiff’s proposed “motion for discovery” (Dkt. 4 at 12) in

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response to the anticipated order of dismissal are denied without prejudice

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as premature.

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(9)

The Clerk shall provide a copy of this order to plaintiff and to Judge Fricke.

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Dated this 22nd day of November, 2024.

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A

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER ADOPTING REPORT AND
RECOMMENDATION - 2