Holtz v. Elizondo et al

Filing 26

ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE AND DIRECTING THAT COLLECTION OF THE FILING FEE CEASE re 24 letter construed as Motion to Voluntarily Dismiss Complaint and Motion to Waive Filing Fees. Signed by Senior Judge Edward F. Shea. (SMP, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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No.

RONALD HOLTZ,

13-CV-5058-EFS

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Plaintiff,
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v.
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JUAN ELIZONDO, H. ANNASON, J.L.
FLUAITT, A. SAWYER, TRACY STENKEL,
N. PALAMINO, LES SCNEIDER and
FLORES,

ORDER DISMISSING COMPLAINT
WITHOUT PREJUDICE AND DIRECTING
THAT COLLECTION OF THE FILING FEE
CEASE

Defendants.

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By Order filed June 19, 2013, ECF No. 19, the Court directed

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Plaintiff to amend or voluntarily dismiss his complaint within sixty

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(60) days.

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and was granted until September 19, 2013, to do so, ECF No. 23.

Plaintiff sought additional time to comply with this Order

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By letter dated August 28, 2013, Plaintiff advised the Court

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that he did not have his legal property and indicated that he would

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sign the motion to voluntarily dismiss and would ask that the filing

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fee be expunged.

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additional copy of the Order to Amend or Voluntarily Dismiss, along

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with the Motion form, as stated in a letter dated September 4, 2013.

It is unclear whether Plaintiff was actually sent an

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Because Plaintiff has stated his intent to voluntarily dismiss

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this action the Court will liberally construe his letter, ECF No. 24,

ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE AND DIRECTING THAT
COLLECTION OF THE FILING FEE CEASE -- 1

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as a Motion to Voluntarily Dismiss the Complaint pursuant to Rule

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41(a), Federal Rules of Civil Procedure.

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served in this action.

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ECF

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PREJUDICE.

No.

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is

Defendants have not been

Accordingly, IT IS ORDERED Plaintiff's Motion,

GRANTED

and

the

Complaint

is

DISMISSED

WITHOUT

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The Court will also liberally construe the letter as a Motion to

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waive collection of the remaining balance of the filing fee in this

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action.

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No. 24, is GRANTED and the institution having custody of Mr. Holtz

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shall cease collection of the filing fee in this action, cause number

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CV-13-5058-EFS.

For good cause shown, IT IS ORDERED Plaintiff's Motion, ECF

IT IS SO ORDERED.

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enter

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forward a copy to Plaintiff and close the file.

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Executive is further directed to send a copy of this Order to the

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Office of the Department of Corrections, Attn: LFO/COS UNIT, P.O. Box

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41107, Olympia, WA

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having custody of Plaintiff.

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provide a copy of this Order to the Financial Administrator for the

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United States District Court, Eastern District of Washington.

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this

Order,

The District Court Executive is directed to

DATED this

enter

25th

judgment

of

dismissal

without

prejudice,

The District Court

98504-1107, to forward to the appropriate agency
The District Court Executive also shall

day of September 2013.

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s/ Edward F. Shea
EDWARD F. SHEA
Senior United States District Judge

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Q:\EFS\Civil\2013\prisoner13cv5058efs-9-25-voldiscease.docx

ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE AND DIRECTING THAT
COLLECTION OF THE FILING FEE CEASE -- 2