Quinlan v. Conaty ( 2022 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 TERRANCE JOE QUINLAN, Plaintiff, 8 C21-0991 TSZ JRC v. 9 ORDER JOHN CONATY, 10 Defendant. 11 12 THIS MATTER comes before the Court on the Report and Recommendation 13 (“R&R”) of the Honorable J. Richard Creatura, Chief United States Magistrate Judge, 14 docket no. 71. Having reviewed the R&R and plaintiff’s notice of motion, docket no. 73, 15 which the Court treats as an objection to the R&R, the Court ORDERS as follows: 16 (1) The R&R, docket no. 71, is ADOPTED in part and MODIFIED in part; 17 (2) Defendant’s motion to dismiss, docket no. 58, is GRANTED, and 18 plaintiff’s claims against Bureau of Alcohol, Tobacco, Firearms and Explosives Task 19 Force Officer John Conaty are DISMISSED with prejudice, but without prejudice to 20 plaintiff pursuing claims against the United States pursuant to the Federal Tort Claims 21 Act (“FTCA”), 28 U.S.C. §§ 2671–2680; the Court is persuaded that plaintiff pro se 22 Terrance Joe Quinlan cannot pursue Bivens claims against Conaty, but FTCA claims 1 against the United States might constitute an alternative means of recovery for Quinlan’s 2 alleged injuries, see Mejia v. Miller, 53 F.4th 501 (9th Cir. 2022); 3 (3) Quinlan’s notice of motion, which is treated as an objection to the R&R, 4 cites jurisprudence concerning 42 U.S.C. § 1983 and the related doctrine of qualified 5 immunity, which have no relevance in this matter because Conaty is a federal, not a state, 6 officer. Quinlan’s notice of motion, docket no. 73, is STRICKEN; 7 (4) Quinlan is GRANTED in forma pauperis status for purposes of any appeal; 8 (5) The Clerk is DIRECTED to enter judgment consistent with this Order, to 9 send a copy of this Order and the Judgment to all counsel of record, to plaintiff pro se, 10 and to Chief Magistrate Judge Creatura, and to CLOSE this case. 11 IT IS SO ORDERED. 12 Dated this 20th day of December, 2022. 13 A 14 Thomas S. Zilly 15 United States District Judge 16 17 18 19 20 21 22