Engberg v. Bennett

Filing 8

ORDER DISMISSING WITHOUT PREJUDICE AND DECLINING REPORT AND RECOMMENDATION. The Court GRANTs Plaintiff's Motion for Voluntary dismissal (Dkt. No. 7 ) and declines to adopt Judge Christel's Report and Recommendation (Dkt. No. 6 ) as MOOT. Plaintiff's claims are DISMISSED without prejudice. Signed by U.S. District Judge David G Estudillo. **2 PAGE(S), PRINT ALL**(Shane Engberg, Prisoner ID: 376597)(CJS)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 12 13 SHANE R. ENGBERG, Plaintiff, DWC Defendant. ORDER DISMISSING WITHOUT PREJUDICE AND DECLINING REPORT AND RECOMMENDATION v. JASON BENNETT, 14 CASE NO. 2:24-cv-00888-DGE- 15 16 17 This matter comes before the Court on the Honorable Magistrate Judge David W. 18 Christel’s Report and Recommendation recommending dismissal of Plaintiff’s claims for failure 19 to exhaust state court remedies. (Dkt. No. 6.) 20 Plaintiff did not file an objection to the Report and Recommendation. Instead, Plaintiff 21 filed a motion for voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil 22 Procedure. (Dkt. No. 7.) 23 24 ORDER DISMISSING WITHOUT PREJUDICE AND DECLINING REPORT AND RECOMMENDATION - 1 1 The Court GRANTs Plaintiff’s Motion for Voluntary dismissal (Dkt. No. 7) and declines 2 to adopt Judge Christel’s Report and Recommendation (Dkt. No. 6) as MOOT. Plaintiff’s claims 3 are DISMISSED without prejudice. 4 IT IS SO ORDERED. 5 Dated this 2th day of August. 6 7 8 9 A David G. Estudillo United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER DISMISSING WITHOUT PREJUDICE AND DECLINING REPORT AND RECOMMENDATION - 2

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