Sund v. SanMar Corporation
ORDER adopting in part Judge Tsuchida's Report and Recommendation 6 . The court grants Mr. Sund's 5 motion to dismiss to the extent it requests dismissal of this matter, but denies the motion to the extent it requests reinstatement. Case is dismissed without prejudice. Signed by Judge James L. Robart. (PM) cc: Plaintiff via the USPS
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. C17-0357JLR
This matter comes before the court on Plaintiff Matthew Sund’s motions to
proceed in forma pauperis (“IFP”) (1st IFP Mot. (Dkt. # 1); 2d IFP Mot. (Dkt. # 4)) and
his “Motion to Dismiss and Reinstate” (MTD (Dkt. # 5)).
The court has reviewed the Honorable Brian A. Tsuchida’s Report and
Recommendation (R&R (Dkt. # 6)), the pleadings related to it, and Mr. Sund’s Motion to
Dismiss and Reinstate (MTD). Judge Tsuchida recommends that the court deny Mr.
Sund’s motions to proceed IFP because Mr. Sund has failed to declare under penalty of
perjury that the facts he alleges in his IFP applications are true and correct. (See R&R at
ORDER - 1
1-2.) Judge Tsuchida also recommends that the court direct Mr. Sund to pay the filing
fee and indicate that if Mr. Sund does not pay the filing fee within 30 days, the Clerk will
close the case. (Id. at 2.) However, Mr. Sund’s Motion to Dismiss and Reinstate states
that Mr. Sund “doesn’t need anything else from [the court].” (MTD at 1.)
The court therefore ADOPTS in part the report and recommendation (Dkt. # 6).
Specifically, the court ADOPTS the portion of the report and recommendation that
recommends denying Mr. Sund’s motions to proceed IFP and DENIES Mr. Sund’s IFP
applications (Dkt. ## 1, 4). However, the court DECLINES to allow Mr. Sund 30 days to
pay the filing fee because Mr. Sund seeks dismissal and states that he does not need any
further relief from the court. Accordingly, the court GRANTS Mr. Sund’s motion (Dkt.
# 5) to the extent it requests dismissal of this matter, but DENIES the motion to the extent
it requests “reinstatement.” Finally, the court DISMISSES this case WITHOUT
PREJUDICE and DIRECTS the Clerk to close the case.
Dated this 11th day of April, 2017.
JAMES L. ROBART
United States District Judge
ORDER - 2
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