Dukes v. Homan

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT WITHOUT PREJUDICE - The court certifies any appeal of this dismissal would not be taken in good faith. Signed by Judge Rosanna Malouf Peterson. (LR, Case Administrator) **2 PAGES, PRINT ALL** (Timothy Dukes, Prisoner ID: 715503)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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TIMOTHY DUKES,

NO: 4:16-CV-5080-RMP
Plaintiff,

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v.
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WASHINGTON STATE and MR.
HOMAN

ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING COMPLAINT
WITHOUT PREJUDICE

Defendants.

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BEFORE THE COURT is Magistrate Judge John Rodgers’ Report and

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Recommendation to dismiss the complaint without prejudice for failure to state a

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claim upon which relief may be granted, ECF No. 9. Magistrate Judge Rodgers

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specifically did not recommend that this dismissal count as one under 28 U.S.C. §

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1915(g), as Plaintiff might be able to pursue an appropriate habeas remedy to

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challenge state court criminal charges.

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Plaintiff, a prisoner at the Washington State Penitentiary, is proceeding pro

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se and in forma pauperis; Defendants have not been served in this action. There

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being no objections, IT IS ORDERED that the Report and Recommendation, ECF
ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT WITHOUT PREJUDICE -- 1

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No. 9, is ADOPTED in its entirety. IT IS FURTHER ORDERED that the

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Complaint, ECF No. 7, is DISMISSED without prejudice.

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

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Order, enter judgment, forward a copy to Plaintiff and close the file. The Court

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certifies any appeal of this dismissal would not be taken in good faith.

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DATED this 18th day of October 2016.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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