Opinion
CASE NO. C12-5280 RBL
08-29-2014
ROBIN BLAKE COMBS SR, Plaintiff, v. WASHINGTON STATE, et al., Defendants.
ORDER ADOPTING R&R AND GRANTING SUMMARY JUDGMENT [DKT. #138]
THIS MATTER is before the Court on the Magistrate Judge's Report and Recommendation [Dkt. #138], Plaintiff Combs' Motion for Leave [Dkt. #145] to file excess pages in response, and Plaintiffs' Objections [Dkt. #146] to the R&R. The Motion for Leave is GRANTED, and the Court has considered the Plaintiff's lengthy Objections.
Combs is a prisoner at Monroe. He was previously incarcerated at Coyote Ridge Corrections Center. He asserts federal and state law claims that the Defendants interfered with his free exercise of religion, and his access to the courts, and that he was subjected to discrimination and retaliation. Defendants seek Summary Judgment, specifically dismissal of the federal claims with prejudice, and the dismissal of the state law claims without prejudice.
The Magistrate Judge's thorough R&R outlines the facts, claims and arguments related to the case and the motion. Plaintiff's primary objection to that Recommendation is that he wants the Court to consider a variety of internet medical articles he offered, and which the Magistrate Judge excluded as hearsay.
The Magistrate Judge's determination was and is correct, and the medical articles do not alter the legal conclusion that he Motion should be granted in any event.
The Report and Recommendation is ADOPTED, and the Defendants' Motion for Summary Judgment is GRANTED. Plaintiff Combs' federal claims are DISMISSED with prejudice, and his state law claims are DISMISSED without prejudice. IT IS SO ORDERED.
Dated this 29th day of August, 2014.
/s/_________
RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE