Heggem v. Holmes et al

Filing 130

ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Ricardo S Martinez. (RS)cc Heggem

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01 02 03 04 05 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 06 07 08 LARRY GENE HEGGEM, 09 10 11 12 ) ) Plaintiff, ) ) v. ) ) ANDREA HOLMES, ) ) Defendant. ) ____________________________________ ) CASE NO. C10-1997-RSM ORDER 13 14 The Court, having reviewed the pending motions, the papers filed in support of and in 15 opposition to the motions, the Report and Recommendation of United States Magistrate Judge 16 Mary Alice Theiler, the objections to the Report and Recommendation, the governing law, and 17 the balance of the record, does hereby find and ORDER: 18 (1) The Report and Recommendation is ADOPTED; 19 (2) Defendant Andrea Holmes’s motion to dismiss (Dkt. 98) is GRANTED and all 20 claims against Ms. Holmes are DISMISSED with prejudice; 21 (3) Ms. Holmes’s motion to stay (Dkt. 106) is STRICKEN as moot; 22 (4) Plaintiff’s motions for default judgment (Dkt. 101), for summary judgment ORDER PAGE -1 01 (Dkt. 104), and to reopen discovery/delay consideration of the 02 summary-judgment motion (Dkts. 114, 123) are DENIED as moot and 03 meritless; 04 (5) Plaintiff’s motion to reconsider Chief Judge Marsha J. Pechman’s order denying 05 plaintiff’s motion to have Magistrate Judge Theiler recuse (Dkt. 113) is 06 DENIED; 07 (6) DISMISSED; and 08 09 All claims against the unnamed John Doe defendants who were never served are (7) The Clerk of Court is directed to send copies of this Order to plaintiff and to 10 Magistrate Judge Theiler. 11 DATED this 27 day of November 2012. 12 13 14 A 15 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 ORDER PAGE -2

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