Kalchbrenner v. Benton County Corrections et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation ECF No. 8 is ADOPTED in its entirety and the Complaint ECF No. 6 is DISMISSED with prejudice pursuant 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1). Plaintiff Warned Re 28:USC 1915(g) - The court certifies any appeal of this dismissal would not be taken in good faith. Plaintiffs in forma pauperis status is revoked and the file is CLOSED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)

1
2
3
4
5
UNITED STATES DISTRICT COURT
6

EASTERN DISTRICT OF WASHINGTON

7
JASON KALCHBRENNER,
8

NO: 13-CV-5131-JPH
Plaintiff,
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING COMPLAINT

9
v.
10
11

BENTON COUNTY CORRECTIONS,
STEVE KEANE, JOHN LAW and
MR. BELL,

1915(g)

12
Defendants.
13
14

Magistrate Judge Hutton issued a Report and Recommendation to Dismiss

15

Complaint for failure to state a claim upon which relief may be granted on

16

February 24, 2014. Plaintiff, a prisoner at the Coyote Ridge Corrections Center, is

17

proceeding pro se and in forma pauperis; Defendants have not been served.

18

Although granted the opportunity to do so, Plaintiff filed no objections.

19
20

There being no objections and for the reasons set forth by the Magistrate
Judge, IT IS ORDERED the Report and Recommendation (ECF No. 8) is

ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT -- 1

1

ADOPTED in its entirety and the Complaint (ECF No. 6) is DISMISSED with

2

prejudice pursuant 28 U.S.C. §§ 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 new

8

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

9

complaint may count as one of the three dismissals allowed by 28 U.S.C. §

10
11

1915(g) and may adversely affect his ability to file future claims.
Pursuant to 28 U.S.C. § 1915(a)(3), “[a]n appeal may not be taken in forma

12

pauperis if the trial court certifies in writing that it is not taken in good faith.” The

13

good faith standard is satisfied when an individual “seeks appellate review of any

14

issue not frivolous.” See Coppedge v. United States, 369 U.S. 438, 445 (1962).

15

For purposes of 28 U.S.C. § 1915, an appeal is frivolous if it lacks any arguable

16

basis in law or fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989). The Court

17

finds that any appeal of this Order would not be taken in good faith and would lack

18

any arguable basis in law or fact. Accordingly, Plaintiff’s in forma pauperis status

19

is hereby revoked.

20

ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT -- 2

1

IT IS HEREBY ORDERED:

2

1. The District Court Executive is directed to enter this Order, enter Judgment,

3

forward copies to Plaintiff at his last known address, and CLOSE the file.

4

2. The District Court Executive is further directed to forward a copy of this

5

Order to the Office of the Attorney General of Washington, Criminal Justice

6

Division.

7

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

8

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

9

law or fact. Accordingly, the Court hereby revokes Plaintiff’s in forma

10

pauperis status.

11

DATED March 17, 2014.

12
13

THOMAS O. RICE
United States District Judge

14
15
16
17
18
19
20

ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT -- 3