Huffine v. United States of America

2:07-cv-01451 | W.D. Wash. | Nov 26, 2007

Case 2:07-cv-01451-RSL Document 12 Filed 11/26/07 Page 1 of 2

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE LEWIS ELDON HUFFINE, ) Case No. C07-1451-RSL ) Plaintiff, ) ) v. ) ) ORDER OF DISMISSAL UNITED STATES OF AMERICA, et al., ) ) Defendants. ) ____________________________________ __ ) The Court, having reviewed plaintiff’s proposed complaint and application to proceed in forma pauperis (“IFP”) in this 42 U.S.C. § 1983 civil rights action, together with all materials in support of and in opposition to those documents, the Report and Recommendation of United States Magistrate Judge James P. Donohue, and the balance of the record, does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation. (2) Plaintiff’s motion for leave to proceed IFP (Dkt. Nos. 1, 4, 5) is DENIED and

his proposed complaint (Dkt. No. 1) is DISMISSED with prejudice except for plaintiff’s deliberate indifference claim, which is DISMISSED without prejudice. One strike shall be assessed to plaintiff pursuant to 28 U.S.C. § 1915(g).

(3) The Clerk of Court is directed to send copies of this Order to the parties and to Judge Donohue. ORDER OF DISMISSAL - 1 Case 2:07-cv-01451-RSL Document 12 Filed 11/26/07 Page 2 of 2 DATED this 26 th day of November, 2007.

A

Robert S. Lasnik United States District Judge

ORDER OF DISMISSAL - 2