Hausken v. Cogburne et al

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 5 Report and Recommendations, by U.S. District Judge John C Coughenour. **2 PAGE(S), PRINT ALL**(Phillip Hausken, Prisoner ID: #287262)(SG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PHILLIP B. HAUSKEN,
Plaintiff,

CASE NO. C16-1931-JCC
ORDER OF DISMISSAL

v.
DR. COGBURNE, et al.,

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Defendants.
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This matter comes before the Court on the report and recommendation of the

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Honorable James P. Donohue, United States Magistrate Judge, that this case be dismissed

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without prejudice for failure to prosecute. (Dkt. No. 5 at 1.) Judge Donohue’s recommendation

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is based on the fact that Plaintiff has not paid the applicable filing fee or submitted the correct

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in forma pauperis (IFP) application. (Id.); (see also Dkt. No. 3).

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Plaintiff did not object to the recommendation. However, he did submit an updated IFP

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application. (Dkt. No. 6.) Unfortunately, Plaintiff still did not use the proper form. This is

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particularly important because the proper IFP form includes a “Written Consent for Payment of

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Costs.” See http://www.wawd.uscourts.gov/sites/wawd/files/WAWDIFPPrisCivilAction.pdf at

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Page 3. Pursuant to Local Civil Rule 3(b)(2), this section of the form gives permission that

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“any recovery in damages that [an IFP plaintiff] may receive in the above-captioned cause may

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be reduced, if so directed by the court, in such an amount as is necessary for payment of the
ORDER OF DISMISSAL
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unpaid fees and costs which are taxed against [plaintiff] in the course of this litigation.” Id.

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This is a crucial part of the form and, without that consent, Plaintiff cannot obtain IFP status.

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Accordingly, the Court ORDERS that:

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(1) The report and recommendation (Dkt. No. 5) is ADOPTED.

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(2) This action is DISMISSED without prejudice.

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(3) The Clerk is DIRECTED to send copies of this order to Plaintiff and to Judge

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Donohue.
DATED this 22nd day of March 2017.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER OF DISMISSAL
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