Tanner vs. Department of Corrections, et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 13 Dismissing Without Prejudice for failure to state a claim; this dismissal shall count as a strike under 28 USC 1915(g). Signed by Judge Ronald B. Leighton. (DN) Modified on 4/24/2013 (DN). (cc to pltf)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GARY TANNER,
No. C12-5876 RBL/KLS

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Plaintiff,
v.

ORDER ADOPTING REPORT AND
RECOMMENDATION

DEPARTMENT OF CORRECTIONS,
TAMMY NIKULA, MARK SHERWOOD,
JAMES GALLEGOS, SGT PATRICIA
MCCARTY, CUS DENNIS CHERRY,
PREA INVESTIGATORS,

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Defendants.

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The Court, having reviewed the Report and Recommendation of Magistrate Judge Karen
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L. Strombom, objections to the Report and Recommendation, if any, and the remaining record,
does hereby find and ORDER:

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(1)

The Court adopts the Report and Recommendation.

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(2)

This action is Dismissed Without Prejudice prior to service for failure to state a
claim and this dismissal shall count as a “strike” under 28 U.S.C. § 1915(g).

(3)

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.

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DATED this 23rd day of April, 2013.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER ADOPTING REPORT AND RECOMMENDATION- 1