Brunson v. Randolph
Filing
14
ORDER ADOPTING REPORT AND RECOMMENDATIONS AND DISMISSING COMPLAINT - The court certifies any appeal of this dismissal would not be taken in good faith. Signed by Judge Rosanna Malouf Peterson. (AY, Case Administrator)
1
2
3
4
5
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
6
7
KEVIN JOE BRUNSON,
NO: 4:16-CV-5100-RMP
8
Plaintiff,
9
v.
ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING COMPLAINT
10
1915(g)
11
12
R. RANDOLPH,
Defendant.
13
14
BEFORE THE COURT is Magistrate Judge Rodgers’ Report and
15
Recommendation, ECF No. 12, to dismiss Plaintiff’s Complaint for monetary
16
damages, ECF No. 9. Plaintiff initiated his pro se civil rights action while a
17
prisoner at the Washington State Penitentiary, and was granted leave to proceed in
18
forma pauperis; Defendant was not served.
19
20
On December 23, 2016, the Court was notified that Mr. Brunson had been
released from custody on November 7, 2016, and was provided a mailing address
ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT -- 1
1
in Tacoma, Washington. A copy of the Report and Recommendation was sent to
2
that address and has not been returned. Plaintiff has filed nothing further in this
3
action.
4
There being no objections and for the reasons set forth by Magistrate Judge
5
Rodgers, IT IS ORDERED the Report and Recommendation, ECF No. 12, is
6
ADOPTED in its entirety. This action seeking monetary damages based on the
7
extension of an early release date is dismissed as precluded by Heck v. Humphrey,
8
512 U.S. 477, 481 (1994), and Edwards v. Balisok, 520 U.S. 641 (1997).
9
Pursuant to 28 U.S.C. § 1915(g), enacted April 26, 1996, a prisoner who
10
brings three or more civil actions or appeals which are dismissed as frivolous or for
11
failure to state a claim will be precluded from bringing any other civil action or
12
appeal in forma pauperis “unless the prisoner is under imminent danger of serious
13
physical injury.” 28 U.S.C. § 1915(g).
14
statutory provisions under 28 U.S.C. § 1915. This dismissal of Plaintiff's
15
complaint may count as one of the three dismissals allowed by 28 U.S.C. §
16
1915(g) and may adversely affect his ability to file future claims.
17
Plaintiff is advised to read the new
IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,
18
enter Judgment, forward copies to Plaintiff at his last known address, and CLOSE
19
the file. The Clerk of Court is further directed to forward a copy of this Order to
20
the Office of the Attorney General of Washington, Corrections Division. The Court
ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT -- 2
1
certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order would not
2
be taken in good faith and would lack any arguable basis in law or fact.
3
DATED January 27, 2017.
4
5
6
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge
7
8
9
10
11
12
13
14
15
16
17
18
19
20
ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT -- 3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?