White Eagle v. Michaelis

Opinion

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5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 NAOMI SUE WHITE EAGLE, CASE NO. C22-5410 BHS-TLF 8 Plaintiff, ORDER 9 v. 10 J MICHAELIS, et al., 11 Defendants. 12

13 THIS MATTER is before the Court on Magistrate Judge Theresa Fricke’s Report 14 and Recommendation (R&R), Dkt. 30, recommending the Court deny pro so prisoner 15 plaintiff Naomi Sue White Eagle’s motion for a preliminary injunction, Dkt. 19. It also 16 recommends that the Court strike White Eagle’s “supplemental motion/additional 17 grounds,” Dkt. 17, as improper. White Eagle’s motion seeking a mandatory preliminary 18 injunction asks the Court to order defendants to provide her sexual reassignment surgery 19 (SRS). The R&R concludes that White Eagle’s complaint in this matter did not seek such 20 relief, and that White Eagle did not take advantage of the opportunity to clarify whether 21 Dkt. 17 was an effort to amend her complaint, and instructing her to note it as a motion to 22 1 do so. See Dkts. 24 and 29. White Eagle has not responded to the Magistrate Judge’s 2 Order, and she has not objected to the R&R.

3 A district court “shall make a de novo determination of those portions of the report 4 or specified proposed finding or recommendations to which objection is made.” 28 5 U.S.C. § 636(b)(1)(C) (emphasis added); accord Fed. R. Civ. P. 72(b)(3). “The statute 6 makes it clear that the district judge must review the magistrate judge’s findings and 7 recommendations de novo if objection is made, but not otherwise.” United States v. 8 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). A proper objection requires

9 “specific written objections to the proposed findings and recommendations” in the R&R. 10 Fed. R. Civ. P. 72(b)(2). 11 The R&R is ADOPTED, and White Eagle’s motion for a mandatory preliminary 12 injunction, Dkt. 19, is DENIED. Her filing at Dkt. 17 is STRICKEN. Defendants’ 13 motion for summary judgment, Dkt. 25, is REFERRED to Magistrate Judge Fricke.

14 IT IS SO ORDERED. 15 Dated this 27th day of October, 2023. A 16 17 BENJAMIN H. SETTLE 18 United States District Judge

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