Donaghe v. Lashway et al

Filing 60

REPORT AND RECOMMENDATIONS re 58 MOTION to Dismiss filed by Sam Donaghe; signed by Magistrate Judge J Richard Creatura. Noted for consideration beginning 2/27/2018. (CMG)(cc mailed to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SAM DONAGHE,
Plaintiff,

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v.
PATRISHA LASHAWAY, et al.,
Defendants.

CASE NO. 3:16-cv-5973-RJB-JRC
REPORT AND RECOMMENDATION
ON PLAINTIFF’S MOTION TO
DISMISS
NOTED FOR: February 27, 2018

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Before the Court is plaintiff’s Motion to Dismiss Complaint. Dkt. 58. Defendants

16 “stipulate to the dismissal of this action.” Dkt. 59 (citing Fed. R. Civ. P. 41(a)(1)(A)(ii)).
17 The undersigned recommends that the Court grant the motion (Dkt. 58) and dismiss the
18 amended complaint (Dkt. 42) without prejudice.
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BACKGROUND
On November 1, 2017, defendants filed their answer. Dkt. 53. On February 14,
2018, plaintiff filed a Motion to Dismiss as he is to be released and “will no longer be
subjected to the civil conditions of confinement at the SCC facility.” Dkt. 58, p. 2.

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Defendants “stipulate to the dismissal of this action.” Dkt. 59 (citing Rule 41(a)(1)(A)).
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REPORT AND RECOMMENDATION ON
PLAINTIFF’S MOTION TO DISMISS - 1

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DISCUSSION
Rule 41 of the Federal Rules of Civil Procedure sets forth the circumstances under

3 which an action may be dismissed. Under Rule 41(a)(1)(A), an action may be dismissed
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by the plaintiff without order of the court “by filing a stipulation of dismissal signed by
all parties who have appeared in the action.” Fed. R. Civ. P. 41(a)(1)(A)(ii). Plaintiff has

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filed a motion to dismiss (Dkt. 58), and defendants “stipulate to the dismissal of this
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action.” Dkt. 59 (citing Fed. R. Civ. P. 41(a)(1)(A)(ii)).
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Rule 41(a)(2) provides, in part, that: “[e]xcept as provided in Rule 41(a)(1), an
action may be dismissed at the plaintiff’s request only by court order, on terms that the

11 court considers proper.” Fed. R. Civ. P. 41(a)(2).

CONCLUSION

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Given the facts and the parties’ stipulation, the Court recommends that the District

14 Judge immediately approve this Report and Recommendation, grant plaintiff’s Motion to
15 Dismiss (Dkt. 58), and issue an Order dismissing this action (Amended Complaint, Dkt.
16 42) without prejudice.
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Dated this 27th day of February, 2018.

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A

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J. Richard Creatura
United States Magistrate Judge

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REPORT AND RECOMMENDATION ON
PLAINTIFF’S MOTION TO DISMISS - 2