Jackson v. McNeil

Opinion

7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON 9 AT TACOMA

10 TONY J. JACKSON, No. 3:19-6245RJB 11 Plaintiff, 12 v. ORDER ADOPTING REPORT AND RECOMMENDATION 13 KLYE MCNEIL, Defendent. 14

15 This matter comes before the Court on the Report and Recommendation of Magistrate 16 Judge Theresa L. Fricke. Dkt. 13. The Court has considered the Report and Recommendation 17 (Dkt. 13), objections to the Report and Recommendation (Dkt. 14), and the remaining record. 18 The Report and Recommendation (Dkt. 13) should be adopted. The Plaintiff’s objections 19 20 do not provide grounds to reject the Report and Recommendation. Considering the facts alleged, 21 the Plaintiff has failed to demonstrate that he has stated a claim pursuant to Bivens v. Six 22 Unknown Named Agents, 403 U.S. 388 (1971). This case should be dismissed without prejudice 23 for failure to state a claim. 24 It is ORDERED that: 25 (1) The Court adopts the Report and Recommendation (Dkt. 13). 26 (2) This case is dismissed without prejudice.

ORDER ADOPTING REPORT AND RECOMMENDATION- 1 1 (3) The Clerk is directed to send copies of this Order to Petitioner, counsel for 2 Respondent, and to the Hon. Theresa L. Fricke.

3 DATED this 30th day of October, 2020. 4 A 5

6 ROBERT J. BRYAN 7 United States District Judge 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

ORDER ADOPTING REPORT AND RECOMMENDATION- 2