Carter v. Brinson

Full title: LONNIE RAY CARTER, Plaintiff, v. SERGEANT R. BRINSON, et al., Defendants

Court: United States District Court, W.D. Washington, at Seattle

Date published: Oct 23, 2007

CASE NO. C05-5402-RSM (W.D. Wash. Oct. 23, 2007)

Opinion

CASE NO. C05-5402-RSM.

October 23, 2007

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

RICARDO MARTINEZ, Magistrate Judge

The Court, having reviewed plaintiff's civil rights complaint, defendants' motion for summary judgment, the Report and Recommendation of the Honorable James P. Donohue, United States Magistrate Judge, plaintiff's objections, and the balance of the record, does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation.

(2) Defendants' motion for summary judgment (Dkt. No. 41) is GRANTED. Plaintiff's complaint (Dkt. No. 7) and this action are DISMISSED, with prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(I).

(3) Plaintiff's Motion to Appoint Counsel (Dkt. No. 56) is STRICKEN as moot.

(4) The Clerk is directed to count this dismissal as a strike under 28 U.S.C. § 1915(g), and to send copies of this Order to plaintiff, to counsel for defendants, and to the Honorable James P. Donohue.