Young v. Spizman

Full title: ANDRE B. YOUNG, Plaintiff, v. PAUL SPIZMAN et al., Defendants

Court: United States District Court, W.D. Washington, at Tacoma

Date published: Mar 7, 2008

Case No. C07-5717RBL (W.D. Wash. Mar. 7, 2008)

Opinion

Case No. C07-5717RBL.

March 7, 2008

ORDER ADOPTING REPORT AND RECOMMENDATION

RONALD LEIGHTON, District Judge

The Court, having reviewed, the Report and Recommendation of Magistrate Judge J. Kelley Arnold, objections to the report and recommendation, [Dkt. #11], and the remaining record, does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation;

(2) This action is duplicative of a 2005 case where this court dismissed the action for failure to state a claim because the action called into question the plaintiff's current confinement. See, Young v. Spizman, 05-CV-5652RBL.

(3) This action is dismissed for the same reasons as Young v. Spizman, 05-CV-5652RBL. In addition the action is dismissed as Res Judicata.

(4) This action is DISMISSED WITHOUT PREJUDICE

The Clerk is directed to send copies of this Order to plaintiff, counsel for defendants, and to the Hon. J. Kelley.