Summers v. Yoshitani et al
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|Date Filed||#||Document Text|
|June 2, 2014
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING MOTION TO APPOINT COUNSEL, AND DISMISSING ACTION by Judge James L. Robart re 5 Motion to Appoint Counsel filed by Duane Lee Summers, 6 Objections to Report and Recommendation filed by Duane Lee Summers. The court hereby ORDERS as follows: (1) The court ADOPTS the Report and Recommendation (Dkt. # 4) in its entirety; (2) The court DENIES Mr. Summerss application to proceed in forma pauperis (Dkt. # 1) as moot; (3) The court DISMISSES Mr. Summerss proposed complaint (Dkt. # 1-1) and his proposed amended complaint (Dkt. # 7) without prejudice. This dismissal shall count as a strike pursuant to 28 U.S.C. § 1915(g); (4) The court DENIES Mr. Summers motion to appoint counsel (Dkt. # 5); and (5) The court DIRECTS the Clerk to send copies of this Order to Mr. Summers and to Magistrate Judge Tsuchida(SA) Modified on 6/3/2014 (Copy of Order mailed to Plaintiff)(SA).
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