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Bale v. Boyer

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

January 15, 2015

JOHN MICHAEL BALE, Plaintiff,
v.
STEVE BOYER and NED NEWLIN, 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. 32), and Plaintiff John Bale's ("Bale") objection to the R&R (Dkt. 33).

On August 6, 2014, Bale filed a 42 U.S.C. ยง 1983 suit against Defendants Steve Boyer and Ned Newlin ("Defendants"). Dkt. 10. Bale alleges that he was denied access to Kitsap County Jail's law library during his criminal trial. Id. at 3.

On September 19, 2014, Defendants moved to dismiss Bale's complaint for failure to state a claim. Dkt. 26. On November 21, 2014, Judge Creatura issued the R&R recommending that the Court grant Defendants' motion. Dkt. 32.

On December 12, 2014, Bale filed a one-sentence objection to Judge Creatura's R&R. Dkt. 33. The Court has reviewed Bale's objection and finds it is without merit.

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

(1) The R&R is ADOPTED;
(2) This action is DISMISSED; and
(3) Bale's in forma pauperis status is REVOKED for purposes of appeal.

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