Badillo v. Yakima Police Department et al

Filing 14

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT WITH PREJUDICE, adopting 12 Report and Recommendation. The court certifies any appeal of this dismissal would not be taken in good faith. Plaintiff Warned Re 28:USC 1915(g). Case is CLOSED. Signed by Judge Rosanna Malouf Peterson. (LR, Case Administrator)

1
2
3
4
UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF WASHINGTON

6
7

AMADO AMANDO BADILLO,
NO: 1:17-CV-3060-RMP
Plaintiff,

8
9
10

v.
YAKIMA POLICE DEPARTMENT
and OFFICER SUTTON,

ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND
RECOMMENDATION AND
DISMISSING COMPLAINT WITH
PREJUDICE

11
Defendants.

1915(g)

12
13
Magistrate Judge John T. Rodgers filed a Report and Recommendation on
14
September 20, 2017, recommending that this Court dismiss Plaintiff’s civil rights
15
action for failure to amend his complaint to cure its deficiencies during the window
16
of opportunity afforded him. ECF No. 12. Objections to the Report and
17
Recommendation were due on or before October 4, 2017.
18
There being no objections filed, the Court adopts the Report and
19
Recommendation. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s
20
21
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION AND DISMISSING COMPLAINT WITH PREJUDICE ~ 1

1

Complaint, ECF No. 7, is DISMISSED with prejudice under 28 U.S.C. §§

2

1915(e)(2) and 1915A(b)(1).

3

Pursuant to 28 U.S.C. § 1915(g), enacted April 26, 1996, a prisoner who

4

brings three or more civil actions or appeals which are dismissed as frivolous or for

5

failure to state a claim will be precluded from bringing any other civil action or

6

appeal in forma pauperis “unless the prisoner is under imminent danger of serious

7

physical injury.” 28 U.S.C. § 1915(g). Plaintiff is advised to read the statutory

8

provisions under 28 U.S.C. § 1915. This dismissal of Plaintiff's complaint

9

may count as one of the three dismissals allowed by 28 U.S.C. § 1915(g) and

10
11

may adversely affect his ability to file future claims.
IT IS SO ORDERED. The District Court Clerk is directed to enter this

12

Order, enter Judgment for Defendants, forward copies to Plaintiff at his last known

13

address, and CLOSE the file. The Clerk of Court is further directed to forward a

14

copy of this Order to the Office of the Attorney General of Washington, Corrections

15

Division. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of

16

this Order would not be taken in good faith and would lack any arguable basis in law

17

or fact.

18

DATED October 12, 2017.

19
20

s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

21
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND
RECOMMENDATION AND DISMISSING COMPLAINT WITH PREJUDICE ~ 2