*1 Case 3:05-cv-05737-RJB-JKA Document 175 Filed 09/26/06 Page 1 of 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA RONALD AND DEBORAH KEAL,
Plaintiffs, Case No. C05-5737RJB
v. ORDER ADOPTING THE REPORT STATE OF WASHINGTON, et al. , AND RECOMMENDATION AND GRANTING IN PART AND Defendants. DENYING IN PART DEFENDANT
MALLOQUE’S MOTION FOR JUDGMENT OF DISMISSAL ON THE PLEADINGS The court, having reviewed the Report and Recommendation of Magistrate Judge J. Kelley Arnold (Dkt. 163-1) and the file herein, does hereby find and ORDER :
(1) The court adopts the Report and Recommendation (Dkt. 163-1).
(2) Defendant Malloque’s Motion for Judgment of Dismissal on the Pleadings (Dkt. 139) is GRANTED IN PART and DENIED IN PART as follows: (3) Plaintiff Deborah Keal has failed to state a cause of action against defendant Malloque. The motion is therefore GRANTED as to Ms. Keal, and her claims against 19 defendant Malloque are DISMISSED . 20 (4) Plaintiff Ronald Keal has sufficiently alleged exhaustion of administrative remedies and personal participation by defendant Malloque to withstand the motion for 21 judgment on the pleadings. The motion is therefore DENIED as to Mr. Keal. 22 (5) The Clerk is directed to send copies of this Order to plaintiffs, counsel for any defendants who have appeared, and to the Hon. J. Kelley Arnold. 23 DATED this 26 th day of September, 2006. 24 A 25
26 Robert J. Bryan
United States District Judge 27