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)

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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

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