Valdez v. Washington State Penitentiary et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H Settle re 15 Report and Recommendations. (TG; cc mailed to plaintiff)

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ORDER

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA MONDO VALDEZ, Plaintiff, v. WASHINGTON STATE PENITENTIARY (ADMINISTRATION FROM 2005-2006), et al., Defendants. This matter comes before the Court on the Report and Recommendation of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 15). The Court having considered the Report and Recommendation and the remaining record, and no objections having been filed, does hereby find and order as follows: (1) (2) The Report and Recommendation is ADOPTED; Plaintiff's complaint is DISMISSED without prejudice for failure to state ORDER ADOPTING REPORT AND RECOMMENDATION CASE NO. C10-5407BHS

a claim as a matter of law under 42 U.S.C. § 1983; and (3) This dismissal is counted as a STRIKE pursuant to 28 U.S.C. § 1915(g).

DATED this 10th day of November, 2010.

A

BENJAMIN H. SETTLE United States District Judge