Nanez v. Daniels et al

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATION re 33 GRANTING Defendants' motion for summary judgment; this matter is DISMISSED without prejudice; if Plaintiff appeals, his in forma pauperis status will continue; signed by Judge Ronald B. Leighton. (DN) Modified on 2/22/2019 (DN). (cc to pltf)

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1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 6 SHAWN DALE NANEZ, 7 Plaintiff, KAREN DANIELS, Defendants. 10 THIS MATTER is before the Court on the Report and Recommendation of Magistrate 11 12 ORDER ADOPTING REPORT AND RECOMMENDATION v. 8 9 Case No. C17-5663-RBL-TLF Judge Theresa L. Fricke [Dkt. #33], and the underlying record. 13 (1) The Report and Recommendation is ADOPTED. 14 (2) Defendants’ motion for summary judgment is GRANTED and this action is DISMISSED without prejudice for failure to exhaust administrative remedies. 15 16 (3) If Nanez appeals, his in forma pauperis status will continue; and 17 (4) The Clerk of Court is directed to send copies of this Order to Plaintiff and to Judge 18 Fricke. 19 IT IS SO ORDERED. 20 Dated this 22nd day of February, 2019. A 21 Ronald B. Leighton United States District Judge 22 23 24 25 ORDER ADOPTING REPORT AND RECOMMENDATION - 1

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