Hamilton v. Frakes et al

Filing 35

ORDER DECLINING ADOPTION OF REPORT AND RECOMMENDATION, by Judge Robert J. Bryan. (cc: Pltf)(DK)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JIMI JAMES HAMILTON,
Plaintiff,

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v.

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SCOTT FRAKES et al.

CASE NO. C13-5422 RJB
ORDER DECLINING ADOPTION
OF REPORT AND
RECOMMENDATION

Defendant.

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The Magistrate Judge recommends that Plaintiff’s motion for voluntary dismissal of this

17 42 U.S.C. § 1983 civil rights action be granted. Dkt. 33. The Plaintiff has filed an objection/
18 motion to rescind earlier motion for voluntary withdrawal. Dkt. 34.
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The Court, having reviewed the Report and Recommendation of Magistrate Judge J.

20 Richard Creatura, objection to the Report and Recommendation, and the remaining record, does
21 hereby find and ORDER:
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1.

The Court declines adoption of the Report and Recommendation (Dkt. 33);

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2.

Plaintiff’s Motion to Rescind motion for voluntary withdrawal of complaint
(Dkt. 34) is GRANTED.

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ORDER DECLINING ADOPTION OF REPORT
AND RECOMMENDATION - 1

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3.

The matter is RE-REFERRED to the Magistrate Judge for further proceedings.

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DATED this 27th day of December, 2013.
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A
ROBERT J. BRYAN
United States District Judge

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ORDER DECLINING ADOPTION OF REPORT
AND RECOMMENDATION - 2