Luckett v. Moore

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING ACTION AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS Re: 4 Report and Recommendations, - The court certifies any appeal of this dismissal would not be taken in good faith. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Jun 22, 2016
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SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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ALVIN LUCKETT,
NO: 2:16-CV-0141-SMJ
Plaintiff,

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ORDER ADOPTING REPORT AND
RECOMMENDATION, DISMISSING
ACTION AND DENYING LEAVE TO
PROCEED IN FORMA PAUPERIS

v.
MELVIN MOORE,
Defendant.

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Magistrate Judge Dimke filed a Report and Recommendation on June 3,

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2016, recommending this action be dismissed without prejudice and that Plaintiff’s

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application to proceed in forma pauperis be denied, ECF No. 4. There being no

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objections, the Court ADOPTS the Report and Recommendation in its entirety.

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Therefore, IT IS ORDERED that this action, filed by a prisoner in

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Mississippi, is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §

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1406(a), and leave to proceed in forma pauperis is DENIED.

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IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,

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forward a copy to Plaintiff and close the file. The Court certifies pursuant to 28

ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING
ACTION AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS --1

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U.S.C. § 1915(a)(3) that any appeal of this Order would not be taken in good faith

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and would lack any arguable basis in law or fact.

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DATED this 22nd day of June 2016.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING
ACTION AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS --2