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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ERICK LADAL SIMS,
Plaintiff,

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Case No. C17-0758 RSM
ORDER OF DISMISSAL

v.
VICTOR JOHNSTON, et al.,
Defendants.

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Having reviewed the Report and Recommendation of the Honorable Mary Alice Theiler,

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United States Magistrate Judge, any objections or responses to that, and the remaining record, the

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Court finds and ORDERS:

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(1)

The Court ADOPTS the Report and Recommendation;

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(2)

Plaintiff’s complaint and this action are DISMISSED with prejudice for failure to

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state a claim upon which relief may be granted;

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(3)

This dismissal counts as a STRIKE for purposes of 28 U.S.C. § 1915(g);

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(4)

Plaintiff’s motion to amend (Dkt. 7) is DENIED;

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(5)

Plaintiff’s motion to appoint counsel (Dkt. 8) is DENIED as moot; and

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ORDER OF DISMISSAL - 1

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(6)

The Clerk is directed to send copies of this Order to plaintiff and to Judge Theiler.

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Dated this 7th day of November 2017.

A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER OF DISMISSAL - 2