Walls-Stewart v. Lystad et al

Filing 5

ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATIONS re 3 ; GRANTING 4 Voluntary Motion to Dismiss without prejudice, filed by Hillary Walls-Stewart; the Report and Recommendation is DENIED as MOOT; signed by Judge Ronald B. Leighton. **2 PAGE(S), PRINT ALL**(Hillary Walls-Stewart, Prisoner ID: 756217)(DN)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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HILLARY WALLS-STEWART,

CASE NO. C16-5747-RBL

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Plaintiff,
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ORDER GRANTING PLAINTIFF’S
MOTION FOR DISMISSAL

v.
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ERIN LYSTAD, et al.,

DKT. #4

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Defendants.
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THIS MATTER is before the Court on Plaintiff Hillary Walls-Stewart’s Voluntary

15 Motion for Dismissal [Dkt. #4]. Walls-Stewart, who is incarcerated at Stafford Creek
16 Corrections Center, alleges Defendants have not adequately treated her pain caused by a
17 fractured screw in her foot in violation of her Eighth Amendment rights.
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The Plaintiff may dismiss an action without a court order by filing a notice of dismissal

19 before the opposing party serves either an answer or a motion for summary judgment. See Fed.
20 R. Civ. Pro. 41(a)(1)(A)(i). Such a dismissal is without prejudice unless the plaintiff has
21 previously dismissed an action involving a similar claim, in which case the dismissal operates as
22 an adjudication on the merits. See id. at 41(a)(1)(B).
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ORDER GRANTING PLAINTIFF’S MOTION FOR
DISMISSAL - 1

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Defendants have not appeared. Walls-Stewart has brought many actions (Case Nos.:

2 3:03-CV-5470-RJB, 3:12-CV-5206, 3:12-CV-5381-RBL, 3:12-CV-5468-BHS, 3:12-CV-56843 BHS-DWC, 2:13-CV-1549, 2:13-CV-1592-RAJ) but none involving this claim. Her Motion for
4 Dismissal [Dkt. #4] is GRANTED. Her claims are DISMISSED without prejudice. Magistrate
5 Judge David W. Christel’s Report & Recommendation [Dkt. #3], noted for September 30, 2016
6 and denying Plaintiff’s Motion to Proceed in Forma Pauperis, is MOOT. The Court therefore
7 DECLINES to adopt it.
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IT IS SO ORDERED.

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Dated this 19th day of September, 2016.

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A

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Ronald B. Leighton
United States District Judge

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DKT. #4 - 2