Burnhart v. State of Washington et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 4 Dismissing with Prejudice as malicious with the dismissal counting as a strike pursuant to 28 USC 1915 e(2) and 28 USC 1915(g). Signed by Judge Ronald B. Leighton. (DN) Modified on 11/21/2011 (DN). (Copy mailed to plaintiff.)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHAEL A BURNHART,
Plaintiff,

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ORDER ADOPTING A REPORT
AND RECOMMENDATION

v.

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CASE NO. C11-5845-RBL-JRC

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STATE OF WASHINGTON et al.

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Defendants.

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The Court having reviewed the Report and Recommendation of the Hon. J.

17 Richard Creatura, United States Magistrate Judge, objections to the Report and
18 Recommendation, if any, and the remaining record, does hereby find and Order:
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The Court adopts the Report and Recommendation; and

(2)

This action is dismissed with prejudice as malicious with the
dismissal counting as a strike pursuant to 28 U.S.C.1915 e(2) and 28
U.S.C. 1915 (g). All pending motions are denied.

(3)

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(1)

This is the fourth time plaintiff has filed a civil rights action
challenging the length of his sentence. He has been repeatedly
informed actions of this nature must proceed through habeas corpus.

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ORDER ADOPTING A REPORT AND
RECOMMENDATION - 1

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Plaintiff’s actions are abusive of the judicial process and should not
be subsidized and encouraged by the generosity of the in forma
pauperis statue.
DATED this 21st day of November, 2011.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER ADOPTING A REPORT AND
RECOMMENDATION - 2