Brooks v. Gregoire et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 7 Objections to Report and Recommendation, filed by Carl A Brooks signed by Judge Benjamin H Settle. (MET) cc: plaintiff

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 CARL A. BROOKS, 8 9 10 Plaintiff, CASE NO. C12-5623 BHS ORDER ADOPTING REPORT AND RECOMMENDATION v. CHRISTINE O GREGOIRE, 11 Defendant. 12 13 This matter comes before the Court on the Report and Recommendation (“R&R”) 14 of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 5) and 15 Plaintiff Carl Brooks’ (“Brooks”) objections to the R&R (Dkt. 7). 16 On August 29, 2012, Judge Creatura issued the R&R recommending that the Court 17 grant Brooks’ motion to dismiss his complaint because the complaint was inadvertently 18 accepted as a new case when it should have been filed as an amended complaint in 19 pending proceeding. Dkt. 5. On September 24, 2012, Brooks filed objections essentially 20 asking the Court to stay this case pending any decision in the other proceeding. Dkt. 7. 21 The objections are without merit as Brooks is not entitled to concurrent proceedings on 22 the same complaint. ORDER - 1 1 Therefore, the Court having considered the R&R, Brooks’ objections, and the 2 remaining record, does hereby find and order as follows: 3 (1) The R&R is ADOPTED; and 4 (2) This action is DISMISSED. 5 Dated this 1st day of November, 2012. 6 A 7 8 BENJAMIN H. SETTLE United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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