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Barstad v. Department of Corrections

United States District Court, Western District of Washington, Seattle

April 23, 2015

JAMES BARSTAD, Plaintiff,
v.
DEPARTMENT OF CORRECTIONS, et al, Defendants.

ORDER REGARDING SUMMARY JUDGMENT MOTIONS

Robert S. Lasnik United States District Judge

The Court, having reviewed plaintiffs construed motion for summary judgment (Dkt. # 25-2), defendants' motion for summary judgment (Dkt. # 32), the Report and Recommendation of the Honorable Mary Alice Theiler (Dkt. #40), and the parties' objections and replies thereto (including Dkt. # 50), does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation;

(2) Plaintiffs construed motion for summary judgment (Dkt. # 25-1) is DENIED;

(3) Defendants' motion for summary judgment (Dkt. # 32) is DENIED as to plaintiffs claim that his First Amendment right to free speech was violated when his outgoing mail was restricted in June 2013, but is GRANTED as to all of plaintiff s other claims; and

(4) New events and issues not raised in the complaint and for which administrative remedies have not been exhausted have not been considered.


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