*1 Case 2:24-cv-01978-RSM Document 12 Filed 04/29/25 Page 1 of 1 1

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA BRANDON J. RUBIO, CASE NO. 2:24-cv-01978-RSM-GJL

Plaintiff, v. ORDER ADOPTING REPORT AND RECOMMENDATION WASHINGTON STATE DEPARTMENT OF CORRECTIONS, et al. , Defendants.

The Court, having reviewed the Report and Recommendation of Magistrate Judge Grady J. Leupold, objections to the Report and Recommendation, if any, and the remaining record, does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation. 17 (2) This action is DIMISSED WITH PREJUDICE for failure to state a claim and for failure to comply with a court order. Dismissal on the first of these grounds 18 constitutes a strike under 28 U.S.C. § 1915(g). 19 (3) The Clerk is directed to send copies of this Order to Plaintiff, counsel for Defendants, and to the Hon. Grady J. Leupold. 20 DATED this 29 th day of April, 2025.

21 A 22 23 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE 24 ORDER ADOPTING REPORT AND RECOMMENDATION - 1