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Maddux v. Mansfield

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

January 21, 2015

HARVEY CLEM MADDUX, Plaintiff,
v.
STEVE MANSFIELD, STEVEN D WALTON, GENE O. SEIBER, STACY A BROWN, KEVIN HANSON, JIM PEA, CHRIS TAWES, STEVE CLEAR, JULIE FRASE, TREVOR SMITH, JOYCE McCOY, JACK HASKINS, KEVIN SHULTZ, Defendants.

REPORT AND RECOMMENDATION

J. RICHARD CREATURA, Magistrate Judge.

The District Court has referred this 42 U.S.C. § 1983 civil rights action to United States Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR1, MJR3 and MJR4.

Currently before the Court is plaintiff's motion/notice indicating that he has signed a release and settlement agreement, he considers this action over, and he will not be filing any opposition to a currently pending motion for summary judgment that is noted to be heard January 23, 2015(Dkt. 51). Plaintiff did not note his motion/notice for consideration.

Based on the plaintiff's notification to the Court that this action has settled, the Court recommends striking defendants' motion for summary judgment (Dkt. 46), and closing the file. If defendants contest plaintiff's assertion that the action has settled, they may file objections to this Report and Recommendation.

Pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b), the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed. R. Civ. P.

6. Failure to file objections will result in a waiver of those objections for purposes of de novo review by the district judge. See 28 U.S.C. § 636(b)(1)(C). Accommodating the time limit imposed by Fed.R.Civ.P. 72(b), the clerk is directed to set the matter for consideration on February 20, 2015, as noted in the caption.


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