Silva v. Zaragoza

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION signed by Judge Benjamin H. Settle re 9 Report and Recommendations. Plaintiff's motion for extension of time to pay filing fee, Dkt. 8, and motion for leave to proceed in forma pauperis, Dkt. 1, are DENIED;**2 PAGE(S), PRINT ALL**(Ramon Silva, Prisoner ID: 326609)(ZMG)

Case 3:21-cv-05444-BHS Document 10 Filed 11/18/21 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RAMON SAUL SILVA, JR.,
Plaintiff,

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v.

CASE NO. C21-5444 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

ROGELIO ZARAGOZA,

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Defendant.

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This matter comes before the Court on the Report and Recommendation (“R&R”)

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of the Honorable Theresa L. Fricke, United States Magistrate Judge. Dkt. 9. The Court

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having considered the R&R and the remaining record, and no objections having been

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filed, does hereby find and order as follows:

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(1)

The R&R, Dkt. 9, is ADOPTED;

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(2)

Plaintiff’s motion for extension of time to pay filing fee, Dkt. 8, and motion

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for leave to proceed in forma pauperis, Dkt. 1, are DENIED;
(3)

The Court finds that Plaintiff may not proceed with in forma pauperis

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status in the event of any appeal because he has incurred three strikes under

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28 U.S.C. § 1915(g);

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ORDER - 1

Case 3:21-cv-05444-BHS Document 10 Filed 11/18/21 Page 2 of 2

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(4)

Plaintiff’s complaint is DISMISSED without prejudice; and

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(5)

The Clerk shall enter JUDGMENT and close this case.

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Dated this 18th day of November, 2021.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2