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Wiggin v. Rollins

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Nov 20, 2013
CASE NO. C13-5057 BHS-KLS (W.D. Wash. Nov. 20, 2013)

Opinion

CASE NO. C13-5057 BHS-KLS

11-20-2013

JAMES O'NEIL WIGGIN, Plaintiff, v. WILLIAM ROLLINS, et al., Defendants.


ORDER ADOPTING REPORT

AND RECOMMENDATION

This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 118), and Defendants' objections to the R&R (Dkt. 119).

On October 4, 2013, Judge Strombom issued the R&R recommending that the Court grant Plaintiff James O'Neil Wiggin's ("Wiggin") motion to amend and deny Defendants' motion to dismiss as moot. Dkt. 118. Judge Strombom concluded that the allegations in Wiggin's amended complaint stated a cognizable claim for deliberate indifference under the Eight Amendment. Id. On October 18, 2013, Defendants filed objections arguing that Wiggin had failed to state allegations that amount to deliberate indifference. Dkt. 119. The Court disagrees with Defendants and finds that Wiggin's allegations, if taken as true, state a claim for deliberate indifference to his health. Therefore, the Court having considered the R&R, Defendants' objections, and the remaining record, does hereby find and order as follows:

(1) The R&R is ADOPTED;
(2) Wiggin's motion to amend is GRANTED;
(3) Defendants' motion to dismiss is DENIED; and,
(4) The matter is re-referred for further proceedings.

________________

BENJAMIN H. SETTLE

United States District Judge


Summaries of

Wiggin v. Rollins

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Nov 20, 2013
CASE NO. C13-5057 BHS-KLS (W.D. Wash. Nov. 20, 2013)
Case details for

Wiggin v. Rollins

Case Details

Full title:JAMES O'NEIL WIGGIN, Plaintiff, v. WILLIAM ROLLINS, et al., Defendants.

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

Date published: Nov 20, 2013

Citations

CASE NO. C13-5057 BHS-KLS (W.D. Wash. Nov. 20, 2013)