Anest v. Chamberlian et al

Filing 17

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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1 2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Jun 27, 2017 SEAN F. MCAVOY, CLERK 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 5 6 JUSTIN M. ANEST, NO: 2:17-CV-0088-SMJ 7 Plaintiff, 8 v. 9 10 11 12 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 13 Defendants. 14 15 By Report and Recommendation filed June 2, 2017, Magistrate Judge 16 Dimke recommended that this action be dismissed without prejudice pursuant to 17 Plaintiff’s motions to voluntarily dismiss under Federal Rule of Civil Procedure 18 41(a). Defendants have not been served. 19 20 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 1 Recommendation, ECF No. 15, is ADOPTED in its entirety. IT IS FURTHER 2 ORDERED that the First Amended Complaint, ECF No. 14, is STRICKEN, 3 Plaintiff’s Motions, ECF No. 12 and 13, are GRANTED, and this action is 4 dismissed without prejudice. 5 For good cause shown, IT IS ALSO ORDERED that Plaintiff’s Motion to 6 Waive Collection of the Filing Fee, ECF No. 12, is GRANTED, and the institution 7 having custody of Mr. Anest shall cease collection of the filing fee in this action, 8 cause number 2:17-CV-00088-SMJ, formerly MKD. 9 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, 10 enter judgment of dismissal without prejudice, forward a copy to Plaintiff and 11 close the file. The Clerk of Court is further directed to send a copy of this Order to 12 the Spokane County Jail, Attn: Jail Office Supervisor, W. 1100 Mallon, Spokane, 13 Washington 99260, to forward to the appropriate agency having custody of 14 Plaintiff. The Clerk of Court also shall provide a copy of this Order to the 15 Financial Administrator for the United States District Court, Eastern District of 16 Washington. 17 DATED this 27th day of June 2017. 18 19 20 __________________________ 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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