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Reed v. Vernell

United States District Court, W.D. Washington, Tacoma

June 2, 2015

ROOSEVELT REED, Plaintiff,
v.
ELEANOR VERNELL, XANDIS PHILLIPS, AND NANCY HENDERSON, Defendants.

ORDER ON REPORT AND RECOMMENDATION

ROBERT J. BRYAN, United States District Judge.

This matter comes before the Court on the Report and Recommendation of U.S. Magistrate Judge Karen L. Strombom. Dkt. 16. The Court has considered the pleadings filed regarding the Report and Recommendation and the remaining file.

In this 42 U.S.C. § 1983 case, Plaintiff asserts that Defendants’ deductions from his prison postage account violated his procedural and substantive due process rights. Dkt. 4.

On April 6, 2015, U.S. Magistrate Judge Karen L. Strombom issued her Report and Recommendation, recommending that Defendants’ Motion for Summary Judgment be granted, the case be dismissed as frivolous, and the dismissal count as a strike pursuant to 28 U.S.C. § 1915(g). Dkt. 16. Plaintiffs motion for an extension of time to file objections was granted. Dkt. 20.

The Report and Recommendation should be adopted. Plaintiffs various pleadings including his April 22, 2015 “Plaintiffs Opposition to Defendants’ Motion for Summary Judgment” (Dkt. 19), Objection to the Magistrates [sic] report and recommendation and request for evidentiary hearing (Dkt. 21), and Plaintiffs reply to Defendants [sic] response to Plaintiffs [sic] objection to magistrates report and recommendation (Dkt. 23) do not provide a basis to reject the Report and Recommendation. They reiterate his prior arguments and urge that the Defendants’ Motion for Summary Judgment should be denied. His arguments are addressed in the Report and Recommendation. The Report and Recommendation (Dkt. 16) should be adopted, Plaintiffs claims dismissed, and the dismissal should count as a count as a strike pursuant to 28 U.S.C. § 1915(g).

It is ORDERED that

. The Report and Recommendation (Dkt. 16) IS ADOPTED;
. Plaintiff s claims ARE DISMISSED; and
. The dismissal SHALL count as a STRIKE pursuant to 28 U.S.C. § 1915(g).

The Clerk is directed to send uncertified copies of this Order to U.S. Magistrate Judge Karen L. Strombom, all counsel of record and to any party appearing pro se at said party’s last known address.


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