Opinion
C20-981 JLR-TLF
09-08-2021
MYRIAM ZAYAS, Plaintiff, v. DEPARTMENT OF CHILDREN, YOUTH & FAMILIES, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
James L. Robart, United States District Judge
The Court, having reviewed the Report and Recommendation of Judge Theresa L. Fricke, United States Magistrate Judge, 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) the Court GRANTS defendants’ motion to dismiss pursuant to FRCP 12(b)(6); except the Court rejects the statute of limitations argument of the defendant, for purposes of this specific motion;
(3) plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE and with leave to amend; except the Court DISMISSES WITH PREJUDICE plaintiff’s claims under criminal statutes 18 U.S.C. § 242, RCW 42.20.100;
(4) plaintiff shall have 21 days from the date of this Order to file a proposed amended complaint subject to the Court’s review; and
(5) the Clerk is directed to send a copy of this Order to the parties in this action.