Zayas v. Department of Children Youth & Families

W.D. Washington

Zayas v. Department of Children Youth & Families

District Court, W.D. Washington·Decided February 8, 2021·No. 2:20-cv-00981·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

MYRIAM ZAYAS, CASE NO. C20-0981JLR-TLF Plaintiff, ORDER ADOPTING REPORT v. AND RECOMMENDATION DEPARTMENT OF CHILDREN, YOUTH & FAMILIES, et al., Defendants. This matter comes before the court on the Report and Recommendation of United States Magistrate Judge Theresa L. Fricke (R&R (Dkt. # 38)) and the objections thereto filed by Plaintiff Myriam Zayas (Obj. (Dkt. # 39)). Ms. Zayas is proceeding pro se in this matter. (See generally Dkt.) Magistrate Judge Fricke recommends to the court that it deny Ms. Zayas’s motion to join her son as a plaintiff in this matter. (See generally R&R; see also Mot. (Dkt. # 33).) Defendants Shea Hopfauf and Jamia McRae (collectively, “Defendants”)1 have responded to Ms. Zayas’s objections. (Resp. (Dkt. # 45).)

The court referred Ms. Zayas’s motion for joinder to Magistrate Judge Fricke pursuant to 28 U.S.C. § 636(b)(1)(A) and Local Rules W.D. Wash. MJR 3. (See Ref. Order (Dkt. # 36).) Therefore, the court’s consideration of Ms. Zayas’s objections is governed by Federal Rule of Civil Procedure 72(a), which provides that the district court “must consider timely objections” to the Magistrate Judge’s decision on a nondispositive pretrial matter and “modify or set aside any part of the order that is clearly erroneous.”

Fed. R. Civ. P. 72(a); (see Ref. Order at 1). Having considered Magistrate Judge Fricke’s Report and Recommendation, Ms. Zayas’s objections, Defendants’ response, the relevant portions of the record, and the applicable law, the court finds that Magistrate Judge Fricke’s Report and Recommendation denying Ms. Zayas’s motion for joinder is not “clearly erroneous or contrary to law.” Fed. R. Civ. P. 72(a); Grimes v. City & Cty. of

San Francisco, 951 F.2d 236, 240 (9th Cir. 1991). Therefore, the court DENIES Ms. Zayas’s objections (Dkt. # 39); ADOPTS Magistrate Judge Fricke’s Report and Recommendation (Dkt. # 38); and DENIES Ms. Zayas’s motion for joinder (Dkt. # 33). // //

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1 Ms. Zayas voluntarily dismissed her claims with prejudice against Defendants Department of Children, Youth & Families; Kejana Black; and Lonette Dominguez. (See 10/19/20 Order (Dkt # 30.) Dated this 8th day of February, 2021. A United States District Judge

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

MYRIAM ZAYAS, CASE NO. C20-0981JLR-TLF Plaintiff, ORDER ADOPTING REPORT v. AND RECOMMENDATION DEPARTMENT OF CHILDREN, YOUTH & FAMILIES, et al., Defendants. This matter comes before the court on the Report and Recommendation of United States Magistrate Judge Theresa L. Fricke (R&R (Dkt. # 38)) and the objections thereto filed by Plaintiff Myriam Zayas (Obj. (Dkt. # 39)). Ms. Zayas is proceeding pro se in this matter. (See generally Dkt.) Magistrate Judge Fricke recommends to the court that it deny Ms. Zayas’s motion to join her son as a plaintiff in this matter. (See generally R&R; see also Mot. (Dkt. # 33).) Defendants Shea Hopfauf and Jamia McRae (collectively, “Defendants”)1 have responded to Ms. Zayas’s objections. (Resp. (Dkt. # 45).)

The court referred Ms. Zayas’s motion for joinder to Magistrate Judge Fricke pursuant to 28 U.S.C. § 636(b)(1)(A) and Local Rules W.D. Wash. MJR 3. (See Ref. Order (Dkt. # 36).) Therefore, the court’s consideration of Ms. Zayas’s objections is governed by Federal Rule of Civil Procedure 72(a), which provides that the district court “must consider timely objections” to the Magistrate Judge’s decision on a nondispositive pretrial matter and “modify or set aside any part of the order that is clearly erroneous.”

Fed. R. Civ. P. 72(a); (see Ref. Order at 1). Having considered Magistrate Judge Fricke’s Report and Recommendation, Ms. Zayas’s objections, Defendants’ response, the relevant portions of the record, and the applicable law, the court finds that Magistrate Judge Fricke’s Report and Recommendation denying Ms. Zayas’s motion for joinder is not “clearly erroneous or contrary to law.” Fed. R. Civ. P. 72(a); Grimes v. City & Cty. of

San Francisco, 951 F.2d 236, 240 (9th Cir. 1991). Therefore, the court DENIES Ms. Zayas’s objections (Dkt. # 39); ADOPTS Magistrate Judge Fricke’s Report and Recommendation (Dkt. # 38); and DENIES Ms. Zayas’s motion for joinder (Dkt. # 33). // //

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1 Ms. Zayas voluntarily dismissed her claims with prejudice against Defendants Department of Children, Youth & Families; Kejana Black; and Lonette Dominguez. (See 10/19/20 Order (Dkt # 30.) Dated this 8th day of February, 2021. A United States District Judge

Zayas v. Department of Children Youth & Families, (W.D. Wash. 2021).

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