Opinion
CIVIL ACTION NO. 9:18-CV-00211
06-04-2019
ORDER ADOPTING REPORT AND RECOMMENDATION ON PARTIAL DISMISSAL
The Court referred this matter to United States Magistrate Judge Keith F. Giblin for consideration and recommended disposition of case-dispositive pretrial motions. On March 28, 2019, Judge Giblin issued a Report and Recommendation (Doc. No. 83) in which he recommended that the Court grant the pro se defendant Keifer Ryan Collins' motion to dismiss (Doc. No. 56). In support, Judge Giblin concluded that the plaintiffs erroneously named and served the incorrect Keifer Collins as a party defendant.
The parties have not filed objection to the magistrate judge's report. Having considered the report of the magistrate judge and conducted a de novo review pursuant to 28 U.S.C. § 636 and Federal Rule of Civil Procedure 72, the Court agrees with Judge Giblin's findings and conclusions. It is therefore ORDERED that the report and recommendation of the magistrate judge (Doc. No. 83) is ADOPTED. Defendant Keifer Ryan Collins' pro se motion to dismiss (Doc. No. 56) is GRANTED. The plaintiffs' claims asserted against defendant Keifer Ryan Collins are DISMISSED, with prejudice, pursuant to Federal Rule of Civil Procedure 12(b)(4)&(5) as recommended by the magistrate judge. The Clerk is directed to TERMINATE Keifer Ryan Collins of Snohomish, Washington, as an active party defendant. All other claims remain pending at this time.
So ORDERED and SIGNED June 4, 2019.
/s/_________
Ron Clark, Senior District Judge