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Sanders v. Townsend

United States District Court, Western District of Washington, Tacoma

January 29, 2015

DANIEL L. SANDERS, Plaintiff,
v.
JOSEPHINE TOWNSEND, et al., Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION

BENJAMIN H. SETTLE, UNITED STATES DISTRICT JUDGE.

This matter comes before the Court on the Report and Recommendation (“R&R”) of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 11), and Plaintiff Daniel Sanders’s (“Sanders”) objections to the R&R (Dkt. 12).

On December 19, 2014, Judge Strombom issued the R&R recommending that the Court dismiss Sanders’s complaint for failure to state a claim. Dkt. 11. On January 2, 2015, Sanders filed objections to the R&R arguing that he did state a claim and submitted an amended complaint. Dkt. 12 & 12-1. Sanders is attempting to suppress evidence in an ongoing state court criminal trial. The Court concludes that this is not a cognizable claim under 42 U.S.C. § 1983.

Therefore, the Court having considered the R&R, Sanders’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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