Opinion
CASE NO. C20-5078 BHS-DWC
05-24-2021
JOHN EDWARD BETTYS, Plaintiff, v. JOHN HAMIL, et al. Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable David W. Christel, United States Magistrate Judge. Dkt. 85. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The R&R is ADOPTED;
(2) Defendants' motion for partial dismissal of Plaintiff's second amended complaint is GRANTED in part and DENIED in part as specified below;
(3) Defendants' motion to dismiss Plaintiff's Fourteenth Amendment claims arising out of plaintiff's transfer to Program Area One, Plaintiff's claims under the ADA/RA for inadequate medical care, and Plaintiff's claims
under ADA Title III is GRANTED and the claims are DISMISSED without leave to amend;
(4) Defendants' motion to dismiss Plaintiff's claims under the RA and ADA Title II and plaintiff's claims against the State of Washington is DENIED;
(5) The Clerk is directed to send copies of this Order to Plaintiff, counsel for Defendants, and to the Hon. David W. Christel; and
(6) This matter is re-referred to the Hon. David W. Christel for further consideration.
Dated this 24th day of May, 2021.
/s/_________
BENJAMIN H. SETTLE
United States District Judge