Smith v. Aldridge et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATION re 5 Objections to Report and Recommendation, filed by John Garrett Smith; Petitioner Smith's petition is DISMISSED without leave to amend; Petitioner's motion to recuse Magistrate Judge Creatura is DENIED as moot; signed by Judge Ronald B. Leighton. **2 PAGE(S), PRINT ALL**(John Smith, Prisoner ID: 351176)(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JOHN GARRETT SMITH,
Petitioner,
v.

CASE NO. C18-5191 RBL
ORDER ADOPTING REPORT AND
RECOMMENDATION

SANDRA ALDRIDGE, et al.,
Respondents.

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THIS MATTER is before the Court on magistrate Judge Creatura’s Report and

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Recommendation [Dkt. # 4], recommending that this Court dismiss Smith’s Petition without

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leave to amend. The Court has reviewed Smith’s objections to the R&R. For the reasons outlined

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in the R&R, the Court ORDERS:

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The Report and Recommendation is ADOPTED;

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Smith’s Petition in this matter [Dkt. # 1] necessarily implicates the validity of his

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underlying conviction, and it is DISMISSED without leave to amend;
The petition is duplicative and facially frivolous and it fails to state a claim. It is
DEEMED a “strike” for future in forma pauperis applications, under 28 U.S.C. § 1915(g).

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ORDER ADOPTING REPORT AND RECOMMENDATION - 1

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The Motion for Magistrate Judge Creatura’s recusal in this now-closed case is DENIED
as moot.

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IT IS SO ORDERED.

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Dated this 22nd day of May, 2018.

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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 - 2