Case Information

*0 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SEAN F. M C *1 Mar 21, 2018 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON SUNDRON L. MILLER,

NO: 1:17-CV-3154-RMP Plaintiff,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION AND

DISMISSING COMPLAINT WITH

YAKIMA COUNTY DEPARTMENT PREJUDICE

OF CORRECTIONS,

1915(g) Defendant.

Before the Court is Magistrate Judge Rodgers’ Report and Recommendation, ECF No. 9, to dismiss the complaint with prejudice for failure to

state a claim upon which relief may be granted and to count the dismissal as a

“strike” under 28 U.S.C. § 1915(g). Plaintiff has not kept the Court informed of

his current address and a copy of the Report and Recommendation, mailed to

Plaintiff at the Yakima County Jail, was returned as undeliverable on February 22,

2018. See ECF No. 11. Plaintiff is proceeding in forma pauperis; Defendants

have not been served. *2 1 Magistrate Judge Rodgers found that Plaintiff had failed to name a person

amenable to suit under 42 U.S.C. § 1983, and Plaintiff did not present facts

supporting a municipal liability claim under Monell v. Dept. of Social Services,

U.S. 658 (1978). See United States v. Kama , 394 F.3d 1236, 1239 (9th Cir. 2005)

(Ferguson, J., concurring) (municipal police departments and bureaus are generally

not considered “persons” within the meaning of section 1983). There being no

objections, IT IS HEREBY ORDERED that the Report and Recommendation,

ECF No. 9, is ADOPTED in its entirety, and the complaint, ECF No. 7, is

DISMISSED with prejudice for failure to state a claim upon which relief may be

granted, 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1).

Pursuant to 28 U.S.C. § 1915(g), enacted April 26, 1996, a prisoner who brings three or more civil actions or appeals which are dismissed as frivolous,

malicious, or for failure to state a claim will be precluded from bringing any other

civil action or appeal in forma pauperis “unless the prisoner is under imminent

danger of serious physical injury.” 28 U.S.C. § 1915(g). Plaintiff is advised to

read the statutory provisions under 28 U.S.C. § 1915. This dismissal of

Plaintiff's complaint may count as one of the three dismissals allowed by 28

U.S.C. § 1915(g) and may adversely affect his ability to file future claims.

IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,

enter Judgment, forward copies to Plaintiff at his last known address, and CLOSE

the file. The Clerk of Court is further directed to forward a copy of this Order to *3 the Office of the Attorney General of Washington, Corrections Division. The

Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order

would not be taken in good faith and would lack any arguable basis in law or fact.

DATED March 21, 2018.

s/ Rosanna Malouf Peterson ROSANNA MALOUF PETERSON United States District Judge