Ruiz v. State of Washington et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION WITHOUT PREJUDICE - for 9 Report and Recommendation - The court certifies any appeal of this dismissal would not be taken in good faith.. Signed by Judge Stanley A Bastian. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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JOSE C. RUIZ,
Plaintiff,

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No. 1:17-cv-03014-SAB

v.

11 STATE OF WASHINGTON, JOSEPH
BRUSIC,
PAUL
KELLEY,
12 A.
GEORGE P. TREJO, JR. and JUDGE
13 RICHARD H. BARTHELD,
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Defendants.
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ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING ACTION WITHOUT
PREJUDICE

Magistrate Judge Rodgers filed a Report and Recommendation on April 17,

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2017, recommending Mr. Ruiz’s civil rights complaint be dismissed without

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prejudice. ECF No. 9. He concluded that Plaintiff brought this action against

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persons and entities who are not “persons” under 42 U.S.C. § 1983, Will v. Mich.

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Dep’t of State Police, 491 U.S. 58, 71 (1989); Miranda v. Clark Cnty. Nev., 319
F.3d 465, 468 (9th Cir. 2003) (en banc); and against individuals shielded by
judicial and prosecutorial immunity, Imbler v. Pachtman, 424 U.S. 409, 430-431
(1976); Ashelman v. Pope, 793 F.2d 1072, 1078 (9th Cir. 1986). It further appeared
that abstention was appropriate under Younger v. Harris, 401 U.S. 37, 53-54
(1971).
Plaintiff did not file a timely objection to the Report and Recommendation.

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ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION
WITHOUT PREJUDICE -- 1

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Accordingly, IT IS HEREBY ORDERED:

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1. The Court ADOPTS the Report and Recommendation in its entirety,

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ECF No. 9, and this action is DISMISSED WITHOUT PREJUDICE

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for failure to state a claim upon which relief may be granted. This
dismissal does not constitute a strike under § 1915(g). Washington v. Los
Angeles Cnty. Sheriff’s Dep’t, 833 F.3d 1048, 1058 (9th Cir. 2016).
2. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of
this Order would not be taken in good faith and would lack any arguable
basis in law or fact.
IT IS SO ORDERED. The Clerk of Court is directed to ENTER this

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Order, ENTER judgment of dismissal, FORWARD copies to Plaintiff at his last

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known address and CLOSE the file.

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DATED this 24th day of May 24, 2017.

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Stanley A. Bastian

United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING ACTION
WITHOUT PREJUDICE -- 2