Kinney v. State of Washington et al

Filing 27

ORDER GRANTING MOTION TO VOLUNTARILY DISMISS, DISMISSING COMPLAINT, DIRECTING THAT COLLECTION OF THE FILING FEE CEASE AND DENYING PENDING MOTIONS AS MOOT granting 17 Motion to Voluntarily Dismiss Complaint; and granting 26 Motion to Dismiss. Signed by Judge Thomas O. Rice. (SK, Case Administrator) Modified on 7/24/2015 to correct filing date (SK, Case Administrator).

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JAMES ALLEN SUSKE KINNEY,
NO: 2:15-CV-00128-TOR

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Plaintiff,
v.

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THE STATE OF WASHINGTON,
WASHINGTON STATE
DEPARTMENT OF CORRECTIONS,
AIRWAY HEIGHTS
CORRECTIONAL CENTER,
MAGGIE MILLER STOUT, MARK
MURPHY, JEFFREY WARD, MR.
RIDGEWAY, C/O HALL, JAMES
ROLLINS and DR. DEBORAH
TONIFER,
Defendants.

ORDER GRANTING MOTION TO
VOLUNTARILY DISMISS,
DISMISSING COMPLAINT,
DIRECTING THAT COLLECTION
OF THE FILING FEE CEASE AND
DENYING PENDING MOTIONS AS
MOOT

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BEFORE THE COURT are Plaintiff’s Motions to Voluntarily Dismiss (ECF

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No. 17, 26), in which he also seeks to “adjust any fines or fee’s I owe in writing,”

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which the Court liberally construes as a Motion to waive collection of the filing

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fee.

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ORDER GRANTING MOTION TO VOLUNTARILY DISMISS, DISMISSING
COMPLAINT, DIRECTING THAT COLLECTION OF THE FILING FEE
CEASE AND DENYING PENDING MOTIONS AS MOOT -- 1

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Plaintiff, a prisoner at the Airway Heights Corrections Center is proceeding pro se

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and in forma pauperis; Defendants have not been served.

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Accordingly, IT IS ORDERED Plaintiff's Motion to Voluntarily Dismiss

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(ECF No. 17, 26) is GRANTED pursuant to Fed. R. Civ. P. 41(a) and the

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Complaint (ECF No. 9) is DISMISSED WITHOUT PREJUDICE.

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cause shown, IT IS FURTHER ORDERED that Plaintiff's Motion to waive

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collection of the filing fee is GRANTED and the institution having custody of Mr.

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Kinney shall cease collection of the filing fee in this action, cause number 2:15-

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CV-00128-TOR (formerly JPH). In addition, all pending Motions are DENIED

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For good

as moot and all pending deadlines shall be stricken.

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IT IS SO ORDERED. The District Court Executive is directed to enter this

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Order, enter judgment of dismissal without prejudice, forward a copy to Plaintiff

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and close the file. The District Court Executive is further directed to send a copy

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of this Order to the Office of the Department of Corrections, Attn: LFO/COS

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UNIT, P.O. Box 41107, Olympia, WA 98504-1107, to forward to the appropriate

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agency having custody of Plaintiff.

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ORDER GRANTING MOTION TO VOLUNTARILY DISMISS, DISMISSING
COMPLAINT, DIRECTING THAT COLLECTION OF THE FILING FEE
CEASE AND DENYING PENDING MOTIONS AS MOOT -- 2

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The District Court Executive also shall provide a copy of this Order to the

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Financial Administrator for the United States District Court, Eastern District of

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Washington.

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DATED July 23, 2015.

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THOMAS O. RICE
United States District Judge

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ORDER GRANTING MOTION TO VOLUNTARILY DISMISS, DISMISSING
COMPLAINT, DIRECTING THAT COLLECTION OF THE FILING FEE
CEASE AND DENYING PENDING MOTIONS AS MOOT -- 3