Heggem v. Mathern

Full title: LARRY GENE HEGGEM, Plaintiff, v. ANDREA MATHERN, Defendant

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

Date published: Oct 30, 2009

CASE NO. C07-1012-MJP (W.D. Wash. Oct. 30, 2009)

Opinion

CASE NO. C07-1012-MJP.

October 30, 2009

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

MARSHA PECHMAN, District Judge

The Court, having reviewed plaintiff's second amended civil rights complaint (Dkt. No. 21), defendant's motion for summary judgment (Dkt. No. 81), plaintiff's response (Dkt. No. 82), the Report and Recommendation (Dkt. No. 85) of Judge Mary Alice Theiler, United States Magistrate Judge, Plaintiff's Objections (Dkt. No. 86) and the remaining record, does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation;

(2) In his objections, Plaintiff focuses on his final claim: that Defendant actively prevented his temporary release from custody to visit his dying mother. (Dkt. No. 86.) Plaintiff has not pointed to any specific actions taken by Defendant that violated his First or Eight Amendment rights. The Court further agrees with Magistrate Judge Theiler's conclusion that the facts presented do not "establish that defendant acted in an arbitrary or abusive manner." (Dkt. No. 85 at 13.) Summary judgment is appropriate.

(3) Defendant's motion for summary judgment (Dkt. 81) is GRANTED;

(4) Plaintiff's second amended complaint (Dkt. 21), and this action, are DISMISSED with prejudice; and

(5) The Clerk is directed to send copies of this Order to plaintiff, to counsel for defendant, and to the Honorable Mary Alice Theiler.