Recinos v. State of Washington

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA TIFFANY RECINOS, CASE NO. C23-5592 BHS Plaintiff, ORDER 9 v. STATE OF WASHINGTON, et al., 11 Defendant.

13 THIS MATTER is before the Court on Magistrate Judge Grady J. Leupold’s Report and Recommendation (R&R), Dkt. 3, recommending that the Court deny pro se plaintiff Tiffany Recinos’s application for leave to proceed in forma pauperis, and dismiss her complaint without prejudice, and without leave to amend. Recinos has not objected to the R&R. 18 A district judge must determine de novo any part of a magistrate judge’s proposed disposition to which a party has properly objected. The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3). A proper objection requires specific written objections to the findings and recommendations in the R&R. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).

3 Judge Leupold’s R&R details the issues with Recinos’s proposed complaint, including her failure to state a plausible claim against any defendant. This Court also notes that the case is substantially similar to a case recently dismissed by this Court, Recinos v. Nationwide Insurance Company, Cause No. 22-5097 BHS.

7 As the Court informed Recinos in that case, it will address in a separate order whether Recinos should be barred under 28 U.S.C. § 1651(a) from further vexatious, harassing, and duplicative filings in this District, absent a pre-filing showing of imminent danger to herself or her property. Recinos will have an opportunity to address that issue before any such order is entered.

12 The R&R is ADOPTED, Recinos’s application to proceed in forma pauperis is DENIED, and the matter is DISMISSED without prejudice and without leave to amend.

15 The Clerk shall enter a JUDGMENT and close the case.

16 IT IS SO ORDERED.

17 Dated this 6th day of September, 2023.

A BENJAMIN H. SETTLE United States District Judge