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MARKS v. GUIA

United States District Court, W.D. Washington, at Tacoma
Mar 3, 2008
Case No. C07-5667BHS/JKA (W.D. Wash. Mar. 3, 2008)

Opinion

Case No. C07-5667BHS/JKA.

March 3, 2008


ORDER ADOPTING REPORT AND RECOMMENDATION


The Court, having reviewed the Report and Recommendation of Magistrate Judge J. Kelley Arnold and the remaining record, and no objections to the report and recommendation having been filed, does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation;
(2) Defendant Pierce County Sheriff's motion to dismiss for lack of service is DENIED. The motion to dismiss the action for failure to state a claim is GRANTED. Plaintiff may not maintain a civil action collaterally challenging the legality of his current custody and an action of this nature must proceed in Habeas Corpus.
(3) The Clerk is directed to send copies of this Order to plaintiff, counsel for defendants, and to the Hon. J. Kelley Arnold.


Summaries of

MARKS v. GUIA

United States District Court, W.D. Washington, at Tacoma
Mar 3, 2008
Case No. C07-5667BHS/JKA (W.D. Wash. Mar. 3, 2008)
Case details for

MARKS v. GUIA

Case Details

Full title:ANTOLIN ANDREW MARKS, Plaintiff, v. DE GUIA, et al., Defendants

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

Date published: Mar 3, 2008

Citations

Case No. C07-5667BHS/JKA (W.D. Wash. Mar. 3, 2008)