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Rawlins v. Marlow

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

September 27, 2019

KEITH RAWLINS, Plaintiff,
v.
DON MARLOW, et al., Defendant.

          ORDER

          Thomas S. Zilly United States District Judge.

         Having reviewed the Report and Recommendation of the Honorable Brian A. Tsuchida, docket no. 28, United States Magistrate Judge, and Plaintiff’s objections thereto, docket no. 31, the Court ORDERS as follows:

         1. The Report and Recommendation is ADOPTED in part and MODIFIED in part;

         2. Mr. Rawlin’s amended complaint (docket no. 18) is accepted and deemed properly filed. The Clerk is directed to add c/o Kwant as a named defendant on the docket;

         3. The “addendum” to the amended complaint (docket no. 27) is stricken as improperly filed;

         4. Mr. Rawlins’ motion to strike defendants’ motions to dismiss and related documents, answer, and responsive brief (docket no. 25) is DENIED;

         5. To resolve any internal ambiguity, the Report and Recommendation is modified to provide that Defendants Marlow and Harlan’s motions for summary judgment (docket nos. 14 and 15) are GRANTED, and all claims against them are DISMISSED without prejudice;

         6. Having screened the remainder of the amended complaint, it is further ordered that Mr. Rawlins’ Due Process claim against c/o Kwant related to his disciplinary charge as set forth in his amended complaint may proceed;

         7. The remainder of the claims raised in Mr. Rawlins’ amended complaint are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e)(2)(B)(ii);

         8. It is further ordered:

         a. Service by Clerk

         The Clerk is directed to send the following to defendant c/o Kwant, corrections officer at Skagit County Justice Center, by first class mail: a copy of plaintiff’s amended complaint and of this Order, two copies of the Notice of Lawsuit and Request for Waiver of Service of Summons, a Waiver of Service of Summons, and a return envelope, postage prepaid, addressed to the Clerk’s office.

         The Clerk shall also send a courtesy copy of the complaint and of this Order to Skagit County Prosecutor’s Office, by first-class mail.

         b. Resp ...


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