Sims v. Johnston et al

Filing 16

ORDER OF DISMISSAL, ADOPTING REPORT AND RECOMMENDATION re 9 Report and Recommendations, by Judge Ricardo S Martinez. the Court finds and ORDERS: (1) The Court ADOPTS the Report and Recommendation; (2) Plaintiffs complaint and this action are DIS MISSED with prejudice for failure to state a claim upon which relief may be granted; (3) This dismissal counts as a STRIKE for purposes of 28 U.S.C. § 1915(g); (4) Plaintiffs motion to amend (Dkt. 7) is DENIED; (5) Plaintiffs motion to appoint counsel (Dkt. 8) is DENIED as moot; **2 PAGE(S), PRINT ALL**(Erick Sims, Prisoner ID: 984548)(SG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 ERICK LADAL SIMS, Plaintiff, 9 10 11 Case No. C17-0758 RSM ORDER OF DISMISSAL v. VICTOR JOHNSTON, et al., Defendants. 12 13 14 Having reviewed the Report and Recommendation of the Honorable Mary Alice Theiler, 15 United States Magistrate Judge, any objections or responses to that, and the remaining record, the 16 Court finds and ORDERS: 17 (1) The Court ADOPTS the Report and Recommendation; 18 (2) Plaintiff’s complaint and this action are DISMISSED with prejudice for failure to 19 state a claim upon which relief may be granted; 20 (3) This dismissal counts as a STRIKE for purposes of 28 U.S.C. § 1915(g); 21 (4) Plaintiff’s motion to amend (Dkt. 7) is DENIED; 22 (5) Plaintiff’s motion to appoint counsel (Dkt. 8) is DENIED as moot; and 23 ORDER OF DISMISSAL - 1 1 (6) The Clerk is directed to send copies of this Order to plaintiff and to Judge Theiler. 2 Dated this 7th day of November 2017. A 3 4 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER OF DISMISSAL - 2

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