Sun et al v. Fife Police Dept et al
ORDER ADOPTING REPORT AND RECOMMENDATION re 17 Report and Recommendation. Signed by Judge Robert J. Bryan. (JL) Paper copy sent to plaintiff @ Tacoma address . Modified on 9/18/2017 (JL).
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. 17-5309 RJB-DWC
ORDER ADOPTING REPORT AND
FIFE POLICE DEPARTMENT,
This case comes before the Court on the Report and Recommendation of U.S. Magistrate
Judge David W. Christel (Dkt. 17), Plaintiff’s Affidavit to Stay the Case (Dkt. 18), and
Plaintiff’s Motion for Voluntary Dismissal (Dkt. 24). The Court has considered the Report and
Recommendation, the affidavit, and pleadings filed regarding the motion, and remaining file.
This civil rights case was filed by Plaintiff, a pro se prisoner, who is proceeding in forma
pauperis. On August 15, 2017, the Report and Recommendation was filed, recommending that
the case be dismissed without prejudice after having given Plaintiff several opportunities to file a
complaint which states a claim. Dkt. 17. The Report and Recommendation recommends that the
dismissal count as a strike under 28 U.S.C. § 1915A. Id.
On August 25, 2017, Plaintiff filed his Affidavit to Stay the Case (Dkt. 18) asserting that
he was scheduled to be released from custody on September 5, 2017, and wanted the case stayed
until then. The Court construed this pleading as a motion for extension of time to file objections,
and renoted the Report and Recommendation to September 15, 2017. Dkt. 19.
ORDER ADOPTING REPORT AND RECOMMENDATION - 1
On September 11, 2017, Plaintiff filed his Motion for Voluntary Dismissal, in which he
moves for dismissal of the case without prejudice. Dkt. 24.
Plaintiff’s Motion for Voluntary Dismissal (Dkt. 24) should be granted and the Report
and Recommendation (Dkt. 17) should be adopted, in part, and the case dismissed. Due to
Plaintiff’s voluntary dismissal of the action, the undersigned should decline to adopt the Report
and Recommendation’s (Dkt. 17) recommendation that the dismissal count as a strike under
1915A. Plaintiff’s Affidavit to Stay the Case (Dkt. 18) should be stricken as moot.
It is ORDERED that:
Plaintiff’s Motion for Voluntary Dismissal (Dkt. 24) IS GRANTED;
The Report and Recommendation (Dkt. 17) IS ADOPTED as to the dismissal of
the case without prejudice, and IS NOT ADOPTED as to the dismissal counting
as a strike under 1915A; and
This CASE IS DISMISSED WITHOUT PREJUDICE; and
Plaintiff’s Affidavit to Stay the Case (Dkt. 18) IS STRICKEN AS MOOT.
The Clerk is directed to send uncertified copies of this Order to Judge Christel, all
counsel of record, and to any party appearing pro se at said party’s last known address.
Dated this 18th day of September, 2017.
ROBERT J. BRYAN
United States District Judge
ORDER ADOPTING REPORT AND RECOMMENDATION - 2
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