Opinion
2:21-cv-01335-BHS-TLF
10-31-2023
CHRISTOPHER WILLIAM HARRIS, Plaintiff, v. TULALIP POLICE DEPARTMENT, et al., Defendants.
ORDER
Benjamin H. Settle, United States District Judge
THIS MATTER is before the Court on Magistrate Judge Theresa L. Fricke's Report and Recommendation (R&R), Dkt. 92, recommending that the Court grant Defendant Jose Perez's motion for summary judgment, Dkt. 71, on pro se Plaintiff Christopher Harris's Fourth Amendment excessive force 42 U.S.C. § 1983 claim based on Perez's “initial takedown” of Harris during his arrest. Dkt. 92 at 17-23. It recommends denying Perez's summary judgment motion seeking qualified immunity from Harris's § 1983 excessive force claim based on the remainder of the actions Perez took against him that day. Id. at 23-32. It also recommends denying Perez's motion to dismiss under Federal Rule of Civil Procedure 37(d) and Local Civil Rule 11(c) based on Harris's failure to respond to discovery. Id. at 32-37.
Neither Harris nor Perez have objected to the R&R.
A district court “shall make a de novo determination of those portions of the report or specified proposed finding or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C) (emphasis added); accord Fed.R.Civ.P. 72(b)(3). “The statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). A proper objection requires “specific written objections to the proposed findings and recommendations” in the R&R. Fed.R.Civ.P. 72(b)(2).
The R&R is ADOPTED. Perez's summary judgment motion on Harris's § 1983 excessive force claim based on the “initial takedown” is GRANTED, and to the extent that was a stand-alone claim, it is DISMISSED. Perez's motion for summary judgment on the remaining excessive force claims is DENIED. His motion to dismiss under Fed.R.Civ.P. 37(d) and LCR 11(c) based on Harris's discovery practices is DENIED.
The case remains REFERRED to Magistrate Judge Fricke.
IT IS SO ORDERED.