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WINSTON v. STATE/DEPT. OF CORRECTIONS

No. 23176-3-III.

121 P.3d 1201 (2005)

Corey WINSTON, Appellant, v. STATE of Washington/DEPARTMENT OF CORRECTIONS, Respondent, John Does I and II, Defendants.

Court of Appeals of Washington, Division 3, Panel Three.

Publication Ordered November 1, 2005.

Attorney(s) appearing for the Case

Russell B. Juckett, Attorney at Law, Everett, WA, for Appellant.

Carl P. Warring, Washington State Attorney General's Office, Spokane, WA, Catherine Hendricks, Assistant Attorney General, Seattle, WA, for Respondent.

SCHULTHEIS, J.

¶ 1 Corey Winston appeals the trial court's summary dismissal of his action against the State for its alleged failure to prevent a fellow inmate from attacking him and the denial of his motion to continue summary judgment. Mr. Winston has not shown that prison officials had any reason to believe he was in danger of being assaulted and he failed to show a good reason why he had not earlier attempted to obtain evidence to prove otherwise. Accordingly...

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