Trevino et al v. Quigley et al

Filing 17

ORDER re Plaintiff Mark Newton Kelly's 16 Notice. The court DISMISSES Mr. Kelly as a party and his claims without prejudice. In addition, the court ORDERS Mr. Trevino not to file any additional documents in this case on Mr. Kelly's behalf. Signed by Judge James L. Robart. (TH) (cc: Plaintiffs via first class mail)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 FRANCIS ANTHONY TREVINO, et al., 10 CASE NO. C18-0487JLR ORDER 11 Plaintiffs, 12 v. 13 KEVIN W. QUIGLEY, et al., 14 Defendants. 15 Before the court is Plaintiff Mark Newton Kelly’s July 18, 2018, letter. (See 16 Letter (Dkt. # 16).) Mr. Kelly informs the court that he does not know why he has been 17 named as a plaintiff, what this case is about, or who the defendants are. (Id. at 1.) 18 Although Mr. Kelly allowed Plaintiff Francis Anthony Trevino to name him as a plaintiff 19 in a previous case, Mr. Kelly did not know that Mr. Trevino instituted this case and 20 included him as a plaintiff. (See id.) Mr. Kelly represents that he is no longer 21 // 22 ORDER - 1 1 incarcerated at the same institution as Mr. Trevino and does “not have any access to Mr. 2 Trevino.” (Id.) 3 Mr. Kelly’s letter demonstrates that he does not wish to be a party to this suit. 4 (See id.) Accordingly, the court DISMISSES him as a party and his claims without 5 prejudice. Cf. Fed. R. Civ. P. 41(a)(1). In addition, the court ORDERS Mr. Trevino not 6 to file any additional documents in this case on Mr. Kelly’s behalf. 7 Dated this 8th day of August, 2018. 8 9 A 10 JAMES L. ROBART United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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