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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1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 6 JOHN ROBERT DEMOS, JR., 7 8 9 Plaintiff, v. ORDER ADOPTING REPORT AND RECOMMENDATION ROY GONZALEZ, et al., Defendants. 10 11 Case No. 3:24-cv-05845-RSM-TLF The Court, having reviewed the Report and Recommendation of Judge Theresa 12 L. Fricke, United States Magistrate Judge, objections to the report and 13 recommendation, if any, and the remaining record, does hereby find and ORDER: 14 (1) The Court adopts the Report and Recommendation. 15 (2) Plaintiff’s proposed complaint (Dkt. 1-1, 2) is dismissed without prejudice, 16 the in forma pauperis (IFP) application is denied (Dkt. 1), and this case is 17 closed. 18 (3) denied. 19 20 (4) 23 Plaintiff’s proposed “motion to request to take judicial notice of all proffers and exhibits” (Dkt. 4) is denied. 21 22 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. 24 25 ORDER ADOPTING REPORT AND RECOMMENDATION - 1 1 (6) Plaintiff’s proposed “motion to turn a 42 U.S.C. 1983 into a 28 U.S.C. 2254 2 writ of habeas corpus to challenge unconstitutional conditions of 3 confinement” (Dkt. 4 at 5-10) is denied. 4 (7) the major infraction report” (Dkt. 6) is denied. 5 6 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 7 of appeal” (Dkt. 4 at 60) related to the “anticipated ruling”, plaintiff’s 8 proposed “rebuke to the R+R of the R+R of the U.S. Magistrate Judge” 9 (Dkt. 5), and plaintiff’s proposed “motion for discovery” (Dkt. 4 at 12) in 10 response to the anticipated order of dismissal are denied without prejudice 11 as premature. 12 (9) The Clerk shall provide a copy of this order to plaintiff and to Judge Fricke. 13 14 Dated this 22nd day of November, 2024. 15 16 A 17 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 ORDER ADOPTING REPORT AND RECOMMENDATION - 2

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