McDonough v. Smith

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE SAMUEL K. MCDONOUGH, 7 Plaintiff, Case No. C19-1248-RAJ 8 v. ORDER OF DISMISSAL ROBIN SMITH, et al., 10 Defendants.

11 The Court, having reviewed the Report and Recommendation of United States Magistrate Judge Brian A. Tsuchida, and the remaining record, does hereby ORDER: (1) The Court adopts the Report and Recommendation; (2) Plaintiff’s claims with respect to inadequate medical care related to his tooth and 14 contamination of the food, water, and coffee at MCC-SOU, are DISMISSED with prejudice for failure to state a claim; (3) Plaintiff’s claims with respect to his “false imprisonment” are DISMISSED without prejudice pursuant to Heck v. Humphrey, 512 U.S. 477, 483-87 (1994); 17 (3) The Clerk of the Court is directed to close this case; (4) The Clerk of Court is directed to send copies of this Order to plaintiff and to Judge Tsuchida.

20 DATED this 5th day of November, 2019.

A The Honorable Richard A. Jones United States District Judge