Johnson v. Navejas

Full title: BRIAN K. JOHNSON, Plaintiff, v. OFFICER NAVEJAS, et al., Defendants

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

Date published: Feb 25, 2009

CASE NO. C08-0232-RSM (W.D. Wash. Feb. 25, 2009)

Opinion

CASE NO. C08-0232-RSM.

February 25, 2009

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS, STRIKING AS MOOT ALL OTHER DISPOSITIVE MOTIONS, AND DIRECTING DEFENDANTS TO SUBMIT COST BILL

RICARDO MARTINEZ, District Judge

The Court, having reviewed plaintiff's amended civil rights complaint, defendants' motion to dismiss, the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, plaintiff's objections thereto, and the remaining record, does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation;

(2) Defendants' motion to dismiss (Dkt. No. 49) is GRANTED;

(3) Defendants' cross-motion for partial summary judgment (Dkt. No. 36), plaintiff's motion for summary judgment/order to reconsider (Dkt. No. 46), and plaintiff's motion to confirm/grant/order summary judgment (Dkt. No. 52) are STRICKEN as moot;

(4) Plaintiff's motion to strike defendants' reply brief (Dkt. No. 54) is DENIED;

(5) Plaintiff's amended complaint and this action are DISMISSED with prejudice;

(6) Defendants are directed to submit a cost bill regarding the original motion to compel and regarding plaintiff's failure to comply with the Court's October 10, 2008, Order compelling discovery not later than 15 days from the date on which this Order is signed; and

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