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Milam v. Noble

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

January 8, 2015

MICHAEL D. MILAM, Plaintiff,
v.
SHAWN NOBLE, et al., Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

BENJAMIN H. SETTLE, District Judge.

This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 9), and Plaintiff Michael Milam's ("Milam") objections to the R&R (Dkt. 10).

On December 5, 2014, Judge Creatura issued the R&R recommending that the Court dismiss Milam's complaint for failure to comply with a court order. Dkt. 9. Judge Creatura had previously ordered Milam to inform the Court whether the actions complained of resulted in a conviction, which is necessary information to assess whether Milam's complaint asserts a cognizable action under 42 U.S.C. ยง 1983. Id. Although Milam did reply to Judge Creatura's earlier order, Milam failed to provide the requested information. Id. On December 10, 2014, Milam objected to the R&R but again failed to state whether the alleged actions resulted in a conviction. Dkt 10. The Court finds that the objections are without merit because they do not relate to the relevant issue of information regarding a conviction.

Therefore, the Court having considered the R&R, Milam's objections, and the remaining record, does hereby find and order as follows:

(1) The R&R is ADOPTED; and

(2) This action is DISMISSED.


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