Briggs v. Aetna Pharmacy Management

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA CHRISTOPHER BRIGGS, Case No. 3:24-cv-05681-TMC Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION v. AETNA PHARMACY MANAGEMENT, Defendant.

14 The Court, having reviewed the Report and Recommendation of the Honorable Theresa L. Fricke, United States Magistrate Judge; an additional proposed amended complaint filed by Plaintiff Christopher Briggs; and the remaining record, does hereby find and ORDER: 17 1. The Court adopts the Report and Recommendation.

18 a. Mr. Briggs did not file objections to the Report and Recommendation. Within 19 the time for filing objections, however, he submitted a new proposed amended 20 complaint. Dkt. 8. Construing the proposed amended complaint liberally as an 21 objection, the Court has conducted de novo review of the Report and 22 Recommendation. See Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 23 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). l b. Mr. Briggs’s new proposed amended complaint contains the same problems as 2 his previous proposed amended complaint. For the reasons explained by the 3 Magistrate Judge, see Dkt. 7 at 3-4, Mr. Briggs’s allegations do not show a 4 legal claim for relief.

5 2. Plaintiffs action is DISMISSED without prejudice.

6 The Clerk is directed to send uncertified copies of this Order to all counsel of record, to any party appearing pro se at said party’s last known address, and to the Honorable Theresa L.

8 Fricke.

9 Dated this 31st day of December, 2024. " Lag 11 TiffanyM. Cartwright United States District Judge