Facts
- James Crary initiated a case against the State of Washington and others, seeking relief through a proposed complaint. [lines="4-11"]
- Magistrate Judge David W. Christel reviewed the case and issued a Report and Recommendation regarding the sufficiency of Crary's claims. [lines="13-14"]
- Crary filed objections to the Report and Recommendation, which the Court considered during its review. [lines="14-19"]
- The proposed complaint was determined to not sufficiently establish a basis for the Court’s jurisdiction or state a claim upon which relief could be granted. [lines="35-36"]
- The Court concluded that allowing Crary to amend the complaint would be futile due to the identified deficiencies. [lines="38"]
Issues
- Whether the proposed complaint adequately identifies a basis for jurisdiction in federal court. [lines="35"]
- Whether the proposed complaint sufficiently states a claim upon which relief can be granted. [lines="36"]
Holdings
- The Court adopted the Report and Recommendation, concluding that the proposed complaint fails to identify a basis for the Court's jurisdiction. [lines="35"]
- The Court upheld that the proposed complaint fails to state a claim upon which relief may be granted, thus denying the Application to Proceed IFP and dismissing the complaint. [lines="39-40"]
OPINION
Case Information
*1 Case 3:24-cv-05666-TMC Document 20 Filed 11/08/24 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
JAMES CRARY, Case No. 3:24-cv-5666-TMC Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION
v.
STATE OF WASHINGTON, et al.,
Defendant.
The Court, having reviewed the Report and Recommendation of Magistrate Judge David W. Christel, Plaintiff James Crary’s objections to the Report and Recommendation, and the remaining record, does hereby find and ORDER:
1. The Court adopts the Report and Recommendation.
a. The Court has conducted de novo review of the Report and Recommendation based on Mr. Crary’s objections. Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia , 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). The Court has liberally construed Mr. Crary’s letters and filings at Dkt. 17, 18, and 19 as objections.
ORDER ADOPTING REPORT AND RECOMMENDATION - 1 *2 Case 3:24-cv-05666-TMC Document 20 Filed 11/08/24 Page 2 of 2 b. Despite those objections, the Court agrees with Judge Christel’s analysis that 1 the proposed complaint does not identify a basis for this Court’s jurisdiction and fails to state a claim upon which relief may be granted. The Court also agrees that leave to amend would be futile.
2. Plaintiff’s Application to Proceed IFP (Dkt. 9) is denied and the proposed complaint
is dismissed for failure to state a claim. 3. The Clerk is directed to send copies of this Order to Plaintiff and to the Hon. David
W. Christel.
Dated this 8th day of November, 2024.
Tiffany M. Cartwright United States District Judge ORDER ADOPTING REPORT AND RECOMMENDATION - 2
