Cencich v. Tabor et al

Filing 18

ORDER OF DISMISSAL WITHOUT PREJUDICE, CEASE COLLECTION OF FILING FEE. The Report and Recommendation ECF No. 16 is GRANTED. Plaintiffs Motion to Voluntarily Dismiss Complaint and Waive Collection of Filing Fee ECF No. 15 is GRANTED. All claims in this action are DISMISSED without prejudice. The institution having custody of Plaintiff shall CEASE COLLECTION of any remaining filing fee for this action. The file is CLOSED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy) **2 PAGE(S), PRINT ALL** (Nicholas Cencich, Prisoner ID: 767897)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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NICHOLAS JOHN CENCICH,
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NO: 4:17-CV-0124-TOR
Plaintiff,

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v.
GARY R. TABOR, JANE DOE
TABOR, JON TUNHEIM, and
JANE DOE TUNHEIM,

ORDER OF DISMISSAL WITHOUT
PREJUDICE, CEASE COLLECTION
OF FILING FEE

Defendants.

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BEFORE THE COURT are the Magistrate Judge’s Report and

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Recommendation to Dismiss Complaint without Prejudice and to Direct that

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Collection of the Filing Fee Cease (ECF No. 16), and Plaintiff’s Motion to

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Voluntarily Dismiss Complaint and Waive Collection of Filing Fee (ECF No. 15).

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Defendants have not been served, Plaintiff seeks the relief requested and there being

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no reason to delay.

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ACCORDINGLY, IT IS HEREBY ORDERED:

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1. The Report and Recommendation (ECF No. 16) is GRANTED.

ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 1

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2. Plaintiff’s Motion to Voluntarily Dismiss Complaint and Waive Collection of

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Filing Fee (ECF No. 15) is GRANTED. All claims in this action are

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DISMISSED without prejudice.

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3. The institution having custody of Plaintiff shall CEASE COLLECTION of

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any remaining filing fee for this action.

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The District Court Executive is directed to enter this Order, furnish copies to

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the Plaintiff and to the Department of Corrections, Attn: LFO/COS UNIT, P.O. Box

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41107, Olympia, WA 98504-1107, and the institution having custody of Plaintiff,

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the Airway Heights Corrections Center, P.O. Box 2049, Airway Heights, WA

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99001-2049, and CLOSE the file.

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DATED October 11, 2017.

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THOMAS O. RICE
Chief United States District Judge

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ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 2