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Troupe v. Swain

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

February 6, 2015

DAVID TROUPE, Plaintiff,
v.
WILLIAM SWAIN, 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 Karen L. Strombom, United States Magistrate Judge (Dkt. 14), and Plaintiff David Troupe's ("Troupe") objections to the R&R (Dkt. 15).

On December 29, 2014, Judge Strombom issued the R&R recommending that the Court dismiss Troupe's amended complaint because Troupe failed to file an acceptable complaint after being granted leave to amend and after being given specific instructions regarding the form and contents of an acceptable complaint. Dkt. 14. On January 8, 2015, Troupe filed objections and a request for leave to amend his amended complaint. Dkt. 16.

With regard to Troupe's objections, they are without merit because Judge Strombom provided specific instructions regarding the length and content of an acceptable amended complaint. Dkt. 6. Troupe failed to heed these instructions and, instead, filed a lengthy amended complaint naming over 100 defendants. Dkt. 10. Therefore, the Court adopts Judge Strombom's recommendation of dismissing the complaint.

With regard to Troupe's request for leave to amend, Troupe has failed to provide any indication that he is willing to file an acceptable complaint. In light of Troupe's previous failure to abide by Judge Strombom's instructions, the Court finds that granting Troupe leave to amend will not result in the filing of an acceptable complaint.

Therefore, the Court having considered the R&R, Troupe'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 without prejudice.


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