Opinion
3:22-cv-05394-RAJ-JRC
01-26-2023
JACOB ANDREW JOHNSTON, Plaintiff, v. CRYSTAL JENNINGS, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
The Honorable Richard A. Jones, United States District Judge.
The Court, having reviewed the report and recommendation of Chief Magistrate Judge J. Richard Creatura, objections to the report and recommendation, if any, and the remaining record, does hereby find and order:
(1) The Court adopts the report and recommendation.
(2) Defendants' motion to dismiss (Dkt. 22) is granted in part and denied in part. Washington Corrections Center is dismissed from this action with prejudice. Plaintiff's Eighth Amendment excessive force claim against defendant Logan is dismissed without prejudice and with leave to amend. Defendants' motion (Dkt. 22) is otherwise denied.
(3) The Clerk is directed to send copies of this order to plaintiff, counsel for defendants, and to the Hon. J. Richard Creatura.