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)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 12 PHILLIP B. HAUSKEN, Plaintiff, CASE NO. C16-1931-JCC ORDER OF DISMISSAL v. DR. COGBURNE, et al., 13 Defendants. 14 15 This matter comes before the Court on the report and recommendation of the 16 Honorable James P. Donohue, United States Magistrate Judge, that this case be dismissed 17 without prejudice for failure to prosecute. (Dkt. No. 5 at 1.) Judge Donohue’s recommendation 18 is based on the fact that Plaintiff has not paid the applicable filing fee or submitted the correct 19 in forma pauperis (IFP) application. (Id.); (see also Dkt. No. 3). 20 Plaintiff did not object to the recommendation. However, he did submit an updated IFP 21 application. (Dkt. No. 6.) Unfortunately, Plaintiff still did not use the proper form. This is 22 particularly important because the proper IFP form includes a “Written Consent for Payment of 23 Costs.” See at 24 Page 3. Pursuant to Local Civil Rule 3(b)(2), this section of the form gives permission that 25 “any recovery in damages that [an IFP plaintiff] may receive in the above-captioned cause may 26 be reduced, if so directed by the court, in such an amount as is necessary for payment of the ORDER OF DISMISSAL PAGE - 1 1 unpaid fees and costs which are taxed against [plaintiff] in the course of this litigation.” Id. 2 This is a crucial part of the form and, without that consent, Plaintiff cannot obtain IFP status. 3 Accordingly, the Court ORDERS that: 4 (1) The report and recommendation (Dkt. No. 5) is ADOPTED. 5 (2) This action is DISMISSED without prejudice. 6 (3) The Clerk is DIRECTED to send copies of this order to Plaintiff and to Judge 7 8 Donohue. DATED this 22nd day of March 2017. 9 10 11 A 12 13 14 John C. Coughenour UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 ORDER OF DISMISSAL PAGE - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?