Crary v. State of Washington

Opinion

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4 5 UNITED STATES DISTRICT COURT AT TACOMA 7 JAMES CRARY, Case No. 3:24-cv-5666-TMC 8 Plaintiff, ORDER ADOPTING REPORT AND 9 RECOMMENDATION v. 10 STATE OF WASHINGTON, et al., 11 Defendant. 12 13

14 The Court, having reviewed the Report and Recommendation of Magistrate Judge David 15 W. Christel, Plaintiff James Crary’s objections to the Report and Recommendation, and the 16 remaining record, does hereby find and ORDER: 17 1. The Court adopts the Report and Recommendation. 18 a. The Court has conducted de novo review of the Report and Recommendation 19 based on Mr. Crary’s objections. Fed. R. Civ. P. 72(b); United States v. 20 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). The Court has 21 liberally construed Mr. Crary’s letters and filings at Dkt. 17, 18, and 19 as 22 objections. 23 24 l b. Despite those objections, the Court agrees with Judge Christel’s analysis that 2 the proposed complaint does not identify a basis for this Court’s jurisdiction 3 and fails to state a claim upon which relief may be granted. The Court also 4 agrees that leave to amend would be futile. 5 2. Plaintiff's Application to Proceed IFP (Dkt. 9) is denied and the proposed complaint 6 is dismissed for failure to state a claim. 7 3. The Clerk is directed to send copies of this Order to Plaintiff and to the Hon. David 8 W. Christel. 9 Dated this 8th day of November, 2024. Lag 11 Tiffany. Cartwright United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24