GARRISON v. STATE OF WASHINGTON DEPARTMENT CORRECTIONS, C12-5396 BHS-JRC. (2013)
Court: District Court, D. Washington
Number: infdco20130606f15
Filed: Jun. 05, 2013
Latest Update: Jun. 05, 2013
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 36. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows: (1) The Court adopts the Report and Recommendation. (2) The Court grants Defendants' motion to dismiss as to all claims except
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION BENJAMIN H. SETTLE, District Judge. This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 36. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows: (1) The Court adopts the Report and Recommendation. (2) The Court grants Defendants' motion to dismiss as to all claims except ..
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ORDER ADOPTING REPORT AND RECOMMENDATION
BENJAMIN H. SETTLE, District Judge.
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 36. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The Court adopts the Report and Recommendation.
(2) The Court grants Defendants' motion to dismiss as to all claims except the retaliation claim. Plaintiff may file an amended complaint if he feels he has facts showing a violation of his Eighth Amendment rights.
(3) The Court grants Defendants' motion for a more definite statement regarding the retaliation claim. Plaintiff will file an amended complaint that cures the defects noted in the Report and Recommendation on this claim. Plaintiff has thirty days from entry of this order to comply.
(4) The Court denies Defendants' motion to stay discovery. Defendants have not raised the affirmative defense of qualified immunity and they may not rely on cases where qualified immunity barred discovery. Further, Plaintiff may need discovery in order to comply with the order to file an amended complaint.
Source: Leagle
