Loggins v. Coyote Ridge Correction Center et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 Report and Recommendations - The court certifies any appeal of this dismissal would not be taken in good faith. Signed by Judge Thomas O. Rice. (LR, Case Administrator)

1
2
3
4
5

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

6
7

HORACE LOGGINS,
NO: 4:14-CV-5074-TOR
Plaintiff,

8
9
10
11

ORDER ADOPTING REPORT AND
RECOMMENDATION, AND
DISMISSING COMPLAINT

v.
COYOTE RIDGE CORRECTION
CENTER and WASHINGTON
STATE DEPARTMENT OF
CORRECTIONS,

1915(g)

12
Defendants.
13
BEFORE THE COURT is the Report and Recommendation to Dismiss
14
Complaint (ECF No. 10). Plaintiff, a prisoner at the Coyote Ridge Corrections
15
Center, is proceeding pro se and in forma pauperis; Defendants were not served.
16
There being no objections and for the reasons set forth by Magistrate Judge
17
Hutton, IT IS ORDERED the Report and Recommendation (ECF No. 10), is
18
ADOPTED IN ITS ENTIRETY and the complaint (ECF No. 6) is DISMISSED
19
with prejudice for failure to state a claim upon which relief may be granted under
20
28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1).
ORDER ADOPTING REPORT AND RECOMMENDATION, AND
DISMISSING COMPLAINT -- 1

1

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

2

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

3

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

4

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

5

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

6

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

7

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

8

1915(g) and may adversely affect his ability to file future claims.

9

IT IS SO ORDERED. The District Court Executive is directed to enter this

10

Order, enter judgment, forward copies to Plaintiff at his last known address, and

11

close the file. The District Court Executive is further directed to forward a copy of

12

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

13

Division. The Court certifies any appeal of this dismissal would not be taken in

14

good faith.

15

DATED March 12, 2015.

16
17

THOMAS O. RICE
United States District Judge

18
19
20

ORDER ADOPTING REPORT AND RECOMMENDATION, AND
DISMISSING COMPLAINT -- 2