Battle v. Wick et al

Filing 41

ORDER by Judge Richard A Jones. The Court ADOPTS 37 the Report and Recommendations. Defendant Holly's motion to dismiss (Dkt. No. 26 ) is GRANTED. Plaintiff's amended complaint and this action are DISMISSED without prejudice. (cc: pltf James Battle, Jr.). (CL)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 The Court, having reviewed plaintiff's amended civil rights complaint, defendant Holly's motion to dismiss, plaintiff's responses thereto, the Report and Recommendation of the Honorable James P. Donohue, United States Magistrate Judge, Plaintiff's objections thereto, and the remaining JAMES A. BATTLE, JR., ) ) Plaintiff, ) ) v. ) ) DEBRA HOLLY, et al., ) ) Defendants. ) ____________________________________) UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

CASE NO.

C08-0642-RAJ

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AMENDED COMPLAINT AND DISMISSING ACTION WITHOUT PREJUDICE

18 record, does hereby find and ORDER: 19 20 21 22 // 23 24 25 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AMENDED 26 COMPLAINT - 1 // (1) (2) (3) The Court adopts the Report and Recommendation. Defendant Holly's motion to dismiss (Dkt. No. 26) is GRANTED. Plaintiff's amended complaint and this action are DISMISSED without prejudice.

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(4)

The Clerk is directed to send copies of this Order to plaintiff, to counsel for defendant, and to the Honorable James P. Donohue.

DATED this 13th day of April, 2009.

A
The Honorable Richard A. Jones United States District Judge

25 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AMENDED 26 COMPLAINT - 2