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Knippling v. Literal

United States District Court, E.D. Washington
Nov 28, 2005
No. CV-05-5089-CI (E.D. Wash. Nov. 28, 2005)

Opinion

No. CV-05-5089-CI.

November 28, 2005


ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING FIRST AMENDED COMPLAINT


Magistrate Judge Imbrogno filed a Report and Recommendation on October 31, 2005, recommending Mr. Knippling's First Amended Complaint be dismissed with prejudice under 28 U.S.C. §§ 1915(e)(2) and 1915A(b)(1). There being no objections, the court ADOPTS the Report and Recommendation. The First Amended Complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted.

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 District Court Executive is directed to enter this Order, forward a copy to Plaintiff at his last known address, enter judgment, and close the file. The District Court Executive is further directed to forward a copy of this Order to the Office of the Attorney General of Washington, Criminal Justice Division.


Summaries of

Knippling v. Literal

United States District Court, E.D. Washington
Nov 28, 2005
No. CV-05-5089-CI (E.D. Wash. Nov. 28, 2005)
Case details for

Knippling v. Literal

Case Details

Full title:JORDON D. KNIPPLING, Plaintiff, v. SGT LESTER LITERAL, C/O MARK OWENS, and…

Court:United States District Court, E.D. Washington

Date published: Nov 28, 2005

Citations

No. CV-05-5089-CI (E.D. Wash. Nov. 28, 2005)