Opinion
2:23-cv-00617-LK
07-10-2023
DANIEL TEKLEMARIAM HAGOS, Plaintiff, v. WASHINGTON STATE DEPARTMENT OF SOCIAL SERVICES et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
Lauren King United States District Judge
This matter comes before the Court on the Report and Recommendation (“R&R”) of United States Magistrate Judge Grady J. Leupold, recommending the dismissal of pro se Plaintiff Daniel Teklemariam Hagos' claims with prejudice and without leave to amend, and denial of Mr. Hagos' motion to proceed in forma pauperis. Dkt. No. 4; see Dkt. Nos. 1, 1-1. Having reviewed the R&R, Mr. Hagos' objections to the R&R,the remaining record, and the applicable law, the Court finds and ORDERS as follows:
1. The Court OVERRULES Mr. Hagos' objections and ADOPTS the Report and Recommendation, Dkt. No. 4.
2. This case is DISMISSED with prejudice and without leave to amend, for failure to state a claim upon which relief can be granted.
3. Mr. Hagos' motion to proceed IFP is denied, Dkt. No. 1. “Because [Mr. Hagos] has incurred at least three ‘strikes,' [he] is barred from proceeding IFP unless he shows he [i]s ‘under imminent danger of serious physical injury[.]'” Hagos v. Moreno, No. 2:22-CV-01862-BHS-JRC, 2023 WL 2956598, at *2 (W.D. Wash. Feb. 17, 2023) (quoting 28 U.S.C. § 1915(g)), report and recommendation adopted, 2023 WL 2535209 (W.D. Wash. Mar. 16, 2023). Indeed, Mr. Hagos recently accumulated three such strikes in the span of approximately two weeks. See Hagos v. Tang, No. 2:23-CV-00581-LK, 2023 WL 4078214, at *1 (W.D. Wash. June 16, 2023); Hagos v. Goodman, No. C23-433-RSL-DWC, 2023 WL 3821733, at *1 (W.D. Wash. June 5, 2023); Hagos v. Smith, No. 2:23-CV-528-RJB-DWC, 2023 WL 3739934, at *1 (W.D. Wash. May 31, 2023). And Mr. Hagos has not made the requisite showing in this case. See generally Dkt. No. 1-1.
4. This dismissal constitutes a “strike” under 28 U.S.C. § 1915(g).
5. The Clerk is directed to send copies of this Order to Mr. Hagos at his last known address and to Judge Leupold.