Opinion
NO: 4:16-CV-5100-RMP
01-27-2017
KEVIN JOE BRUNSON, Plaintiff, v. R. RANDOLPH, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT
BEFORE THE COURT is Magistrate Judge Rodgers' Report and Recommendation, ECF No. 12, to dismiss Plaintiff's Complaint for monetary damages, ECF No. 9. Plaintiff initiated his pro se civil rights action while a prisoner at the Washington State Penitentiary, and was granted leave to proceed in forma pauperis; Defendant was not served.
On December 23, 2016, the Court was notified that Mr. Brunson had been released from custody on November 7, 2016, and was provided a mailing address in Tacoma, Washington. A copy of the Report and Recommendation was sent to that address and has not been returned. Plaintiff has filed nothing further in this action.
There being no objections and for the reasons set forth by Magistrate Judge Rodgers, IT IS ORDERED the Report and Recommendation, ECF No. 12, is ADOPTED in its entirety. This action seeking monetary damages based on the extension of an early release date is dismissed as precluded by Heck v. Humphrey, 512 U.S. 477, 481 (1994), and Edwards v. Balisok, 520 U.S. 641 (1997).
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 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 new 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 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 January 27, 2017.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge