Opinion
CASE NO. C20-1248 RSM
01-13-2021
EMANUEL ENOCH PICKARD-AGUILAR, Plaintiff, v. WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the Report and Recommendation (R&R) of the Honorable United States Magistrate Judge David W. Christel. Dkt. #25. Plaintiff has not objected to the R&R. The Court adopts the R&R in whole and writes only to clarify one portion of the R&R.
One possible reading of the R&R is that to the extent Plaintiff made claims under 42 U.S.C. § 1983 those claims are subject to Washington's claim filing statute, RCW 4.92.110, and are barred by Plaintiff's failure to file a claim prior to pursuing this action. See Dkt. #25 at 4 (not specifying whether discussion applies to all claims or only to state law claims). The Court does not read the R&R as reaching that conclusion because § 1983 claims are not subject to the claim filing statute. See Joshua v. Newell, 871 F.2d 884, 886 (9th Cir. 1989) ("We hold that the Washington notice of claims statute does not apply to section 1983 claims brought in federal court."). Accordingly, Plaintiff's failure to comply with the claim filing statute bars only his state law claims and not potential § 1983 claims. Regardless, any § 1983 claims are barred by the Eleventh Amendment for the reasons laid out in the R&R and summary judgment is appropriate on that basis.
Having made this clarification and having reviewed the R&R and the remainder of the record, the Court finds and ORDERS:
1. The Report and Recommendation (Dkt. #25) is ADOPTED.
2. Defendants' Motion for Summary Judgment (Dkt. #18) is GRANTED.
3. Plaintiff's claims are DISMISSED without prejudice.
Dated this 13th day of January, 2021.
/s/_________
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE