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