Merten v. Gilbert et al - Document 16

Court Description:

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 13 Plaintiff's Eighth Amendment claims against Defendant Officer Gardner will proceed, all other claims are Dismissed Without Prejudice, signed by Judge Ronald B. Leighton. (DN) Modified on 1/10/2012 (DN). (Copy mailed to plaintiff.)

Loading PDF...
1 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 3 4 RICHARD DEAN MERTEN, 5 Plaintiff, 6 7 8 WELDON MARK GILBERT, PIERCE COUNTY JAIL, and OFFICER GARDNER, 11 12 ORDER ADOPTING REPORT AND RECOMMENDATION Defendants. 9 10 No. C11-5641 RBL/KLS v. The Court, having reviewed the Report and Recommendation of Magistrate Judge Karen L. Strombom, objections to the Report and Recommendation [Dkt. #13], and the remaining record, does hereby find and ORDER: 13 (1) The Court adopts the Report and Recommendation. (2) This action shall proceed on Plaintiff’s Eighth Amendment claims against Defendant Officer Gardner only; all other claims are Dismissed Without Prejudice prior to service for failure to state a claim. (3) The Clerk is directed to send copies of this Order to Plaintiff, counsel for any Defendants who have appeared, and to the Hon. Karen L. Strombom. 14 15 16 17 18 19 DATED this 10th day of January, 2012. 20 21 22 23 A RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE 24 25 26 ORDER ADOPTING REPORT AND RECOMMENDATION- 1