Anest v. Chamberlian et al
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION 15 , STRIKING FIRST AMENDED COMPLAINT, DISMISSING COMPLAINT WITHOUT PREJUDICE AND DIRECTING THAT COLLECTION OF THE FILING FEE CEASE; granting 13 Motion to Voluntarily Dismiss Complaint; granting 12 Motion to Voluntarily Dismiss Complaint and Motion to Waive Filing Fee. Case closed. Signed by Judge Salvador Mendoza, Jr. (CV, Case Administrator)
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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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Jun 27, 2017
SEAN F. MCAVOY, CLERK
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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JUSTIN M. ANEST,
NO: 2:17-CV-0088-SMJ
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Plaintiff,
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v.
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OFFICER CHAMBERLAIN,
OFFICER JONES, OFFICER
CONWAY, DETECTIVE MIKE
RICKETTS, DETECTIVE ANDY
STOCKMAN, PROSECUTOR
LAWRENCE HASKEL and GAYLE
ERVIN,
ORDER ADOPTING REPORT AND
RECOMMENDATION, STRIKING
FIRST AMENDED COMPLAINT,
DISMISSING COMPLAINT
WITHOUT PREJUDICE AND
DIRECTING THAT COLLECTION
OF THE FILING FEE CEASE
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Defendants.
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By Report and Recommendation filed June 2, 2017, Magistrate Judge
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Dimke recommended that this action be dismissed without prejudice pursuant to
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Plaintiff’s motions to voluntarily dismiss under Federal Rule of Civil Procedure
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41(a). Defendants have not been served.
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There being no objections, IT IS ORDERED that the Report and
ORDER ADOPTING REPORT AND RECOMMENDATION, STRIKING
FIRST AMENDED COMPLAINT, DISMISSING COMPLAINT WITHOUT
PREJUDICE AND DIRECTING THAT COLLECTION OF THE FILING FEE
CEASE -- 1
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Recommendation, ECF No. 15, is ADOPTED in its entirety. IT IS FURTHER
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ORDERED that the First Amended Complaint, ECF No. 14, is STRICKEN,
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Plaintiff’s Motions, ECF No. 12 and 13, are GRANTED, and this action is
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dismissed without prejudice.
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For good cause shown, IT IS ALSO ORDERED that Plaintiff’s Motion to
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Waive Collection of the Filing Fee, ECF No. 12, is GRANTED, and the institution
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having custody of Mr. Anest shall cease collection of the filing fee in this action,
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cause number 2:17-CV-00088-SMJ, formerly MKD.
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IT IS SO ORDERED. The Clerk of Court is directed to enter this Order,
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enter judgment of dismissal without prejudice, forward a copy to Plaintiff and
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close the file. The Clerk of Court is further directed to send a copy of this Order to
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the Spokane County Jail, Attn: Jail Office Supervisor, W. 1100 Mallon, Spokane,
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Washington 99260, to forward to the appropriate agency having custody of
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Plaintiff. The Clerk of Court 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 this 27th day of June 2017.
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__________________________
SALVADOR MENDOZA, JR.
United States District Judge
ORDER ADOPTING REPORT AND RECOMMENDATION, STRIKING
FIRST AMENDED COMPLAINT, DISMISSING COMPLAINT WITHOUT
PREJUDICE AND DIRECTING THAT COLLECTION OF THE FILING FEE
CEASE -- 2
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