Richey v. Gonzalez et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 18 Objections to Report and Recommendation filed by Thomas WilliamSinclair Richey. Case will be dismissed if no filing fee paid by 9/13/2014. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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THOMAS WILLIAMSINCLAIR
8 RICHEY,
Plaintiff,

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10 v.

CASE NO. C14-5236 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

11 ROY GONZALEZ, et al.,
Defendants.

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This matter comes before the Court on the Report and Recommendation (“R&R”)
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of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 17), and
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Plaintiff Thomas William Sinclair Richey’s (“Richey”) objections to the R&R (Dkt. 18).
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On June 23, 2014, Judge Strombom issued the R&R recommending that the Court
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deny Richey’s request for a temporary restraining order and revoke his in forma pauperis
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because he has more than three strikes against him. Dkt. 17. On July 2, 2014, Richey
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filed objections. Dkt. 18. The Court has reviewed the objections and finds them wholly
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without merit. For example, the Department of Corrections policy of regarding the
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contested mailings has been found to be constitutional. Richey’s contention that his
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ORDER - 1

1 allegations present a distinguishable claim is not supported because the policy was upheld
2 to cover all mailings to third parties regardless of the addressee.
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Therefore, the Court having considered the R&R, Richey’s objections, and the

4 remaining record, does hereby find and order as follows:
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(1)

The R&R is ADOPTED;

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(2)

Richey’s motion for a TRO is DENIED;

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(3)

Richey’s in forma pauperis status is REVOKED; and,

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(4)

If Richey fails to pay the filing fee no later than September 13, 2014, the

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Clerk SHALL DISMISS this action without prejudice.
Dated this 13th day of August, 2014.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2