Perry v. Scott

Filing 7

ORDER adopting Report and Recommendations Dismissing Complaint filed by Casey R Perry. by Judge Franklin D. Burgess.(SPH)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 1 DATED this 27th day of February, 2009. (3) v. JOHN SCOTT, Defendant. CASEY R. PERRY, Plaintiff, Case No. C08-5729 FDB ORDER ADOPTING REPORT AND RECOMMENDATION DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

The Magistrate Judge recommends that this civil rights action be dismissed for failure to state a claim. Plaintiff has failed to avail himself of the opportunity to file an amended complaint or show cause explaining why this matter should not be dismissed. Nor has Plaintiff filed any objection to the Report and Recommendation. The Court, having reviewed the Report and Recommendation of Magistrate Judge Karen L. Strombom, and the remaining record, does hereby find and ORDER: (1) (2) The Court adopts the Report and Recommendation; This action is DISMISSED without prejudice prior to service for failure to state a claim. This dismissal counts as a strike pursuant to 28 U.S.C. § 1915(g); and The Clerk is directed to send copies of this Order to Plaintiff, counsel for any Defendants who have appeared, and to the Hon. Karen L. Strombom.

A

FRANKLIN D. BURGESS UNITED STATES DISTRICT JUDGE