Cottrell v. Biddle et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS AND DISMISSING COMPLAINT. The Report and Recommendation, ECF No. 16 is ADOPTED in its entirety, Plaintiff's Motion, ECF No. 15 , is GRANTED and the Complaint is DISMISSED WITHOUT PREJUDICE. The file is CLOSED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy) **2 PAGE(S), PRINT ALL** (Shawn Cottrell, Prisoner ID: 773803)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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SHAWN ALLEN COTTRELL,
NO: 2:16-CV-0234-TOR
Plaintiff,

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ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING COMPLAINT

v.
LAURIE BIDDLE, GRADY
JACKSON and SHAUN DOUGLAS,

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Defendants.
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BEFORE THE COURT is Magistrate Judge Rodger’s Report and

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Recommendation, ECF No. 16, to grant Plaintiff Shawn Allen Cottrell’s Motion to

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Voluntarily Dismiss Complaint pursuant to Fed. R. Civ. P. 41(a), ECF No. 15.

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Defendants have not been served in this action.

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There being no objections, IT IS ORDERED the Report and

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Recommendation, ECF No. 16 is ADOPTED in its entirety, Plaintiff's Motion,

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ECF No. 15, is GRANTED and the Complaint is DISMISSED WITHOUT

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PREJUDICE.

ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT --1

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Although granted the opportunity to do so, Plaintiff did not file a separate

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Motion and Affidavit to waive the remaining balance of the filing fee as directed.

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Therefore, Plaintiff still is obliged to pay the full filing fee for this action pursuant

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to 28 U.S.C. § 1915(b).

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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.

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DATED January 25, 2017.

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THOMAS O. RICE
Chief United States District Judge

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ORDER ADOPTING REPORT AND RECOMMENDATION AND
DISMISSING COMPLAINT --2