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Holtz v. Karr

United States District Court, W.D. Washington, Tacoma

March 10, 2014

RONALD HOLTZ, Plaintiff,
v.
MARTHA KARR, MARVIN SPENCER, SGT. BRASWELL, DANNY OTA, M. JOURNEY, RICHARD ODEGARD, PIERCE COUNTY, PIERCE COUNTY SHERIFF DEPARTMENT, PAT KELLY, VINCENT GOLDSMITH, MARY SCOTT, SHARLA JAMES-HUTCHISON, Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION

ROBERT J. BRYAN, District Judge.

This matter comes before the court on the Report and Recommendation of the United States Magistrate Judge Karen L. Strombom (Dkt. 100) that Defendants' Second Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (Dkt. 90) should be denied as to plaintiff's First Amendment religious claims, and granted as to the remainder of the claims. The parties were given until February 14, 2014 to file objections. Dkt. 100 at 12. On February 18, 2014, plaintiff filed his objections (Dkt. 103). Plaintiff's objections are similar to the arguments he initially presented to the magistrate judge and are without merit.

The Court, having reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Strombom (Dkt.100), and the remaining record, does hereby find and ORDER:

(1) Plaintiff's Objections (Dkt. 103) are without merit. The Report and Recommendation is ADOPTED.

(2) Defendants' Second Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (Dkt. 90) is DENIED as to: First Amendment religious claims against defendant Pierce County only.

(3) The remainder of Defendants' Second Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (Dkt. 90) is GRANTED. The remainder of plaintiff's claims are DISMISSED with prejudice.

(4) Plaintiff's Motion to Supplement the Amended Complaint (Dkt. 94), Motion for Extension of Time (Dkt. 95), and Objection to Defendant's Motion to Dismiss (Dkt. 96) are DENIED.

(5) This matter is RE-REFERRED to Magistrate Judge Karen L. Strombom for further proceedings.

The Clerk is directed to send uncertified copies of this Order to all counsel of record and to any party appearing pro se at said party's last known address.


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