Barber v. Thimons et al
| Danny Joe Barber, III |
| Thimons Law PLLC and Paul Thimons |
| 3:2024cv05723 |
| August 26, 2024 |
| US District Court for the Western District of Washington |
| Tiffany M Cartwright |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 9, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 JUDGMENT BY COURT. The Report and Recommendation is adopted and approved. This case is dismissed for failure to state a claim. (MW) (cc: Plaintiff via USPS) |
Filing 6
ORDER ADOPTING #5 REPORT AND RECOMMENDATION. Plaintiff's claims are dismissed for failure to state a claim upon which relief can be granted. Plaintiff's Application for Leave to Proceed In Forma Pauperis is denied. This dismissal constitutes a strike under 28 U.S.C. 1915(g). Signed by District Judge Tiffany M. Cartwright. (MW) (cc: Plaintiff via USPS) Modified on 10/10/2024 add red text re strike (CDA).
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| Filing 5 REPORT AND RECOMMENDATION. The Court finds Plaintiff has failed to state a claim upon which relief can be granted and leave to amend would be futile. Therefore, the Court recommends this case be dismissed and the dismissal count as a "strike" under 28 U.S.C. 1915(g). The Court also recommends Plaintiff's #4 Application to Proceed IFP be denied. Objections to this Report and Recommendation, if any, should be filed with the Clerk and served upon all parties to this suit not later than fourteen (14) days from the date on which this Report and Recommendation is signed. If no timely objections are filed, the matter will be ready for consideration by the District Judge on 10/9/2024. Signed by Judge David W. Christel. (Attachments: #1 Proposed Order, #2 Proposed Judgment)(MW) (cc: Plaintiff via USPS) |
| Filing 4 MOTION for Leave to Proceed In Forma Pauperis before Judge David W. Christel filed by Danny Joe Barber, III. (Attachments: #1 PROPOSED 1983 Prisoner Civil Rights Complaint, #2 Cover letter, #3 Prison Trust Account Statement)(MIH) |
| IFP deficiency corrected (MIH) |
| Filing 3 Notice of Filing Deficiency ***Action Required*** 1983 Filing Fee Not Paid, Prison Trust Account Statement.See attached letter for more information and instructions. Filer has until 9/30/2024 to correct IFP application (MIH)(cc: Plaintiff with IFP Form via USPS) |
| Filing 1 PROPOSED 1983 Prisoner Civil Rights Complaint (NO IFP/NO FILING FEE) filed by Plaintiff Danny Joe Barber, III (Attachments: #1 Cover Letter from Plaintiff)(MIH) |
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