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Burton v. SGT. Johnson

United States District Court, E.D. Washington

September 8, 2014

LONNIE L. BURTON, Plaintiff,
v.
SGT. JOHNSON, JOHN DOES 1 and 2, and SGT ADAMS, Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING COMPLAINT WITHOUT PREJUDICE AND DIRECTING THAT COLLECTION OF FILING FEE CEASE

THOMAS O. RICE, District Judge.

Magistrate Judge Hutton filed a Report and Recommendation on July 22, 2014, recommending Plaintiff's motions to voluntarily dismiss and to waive collection of the filing fee be granted (ECF No. 12). There being no objections, the Court ADOPTS the Report and Recommendation. The Motion to Voluntarily Dismiss (ECF No. 9), is GRANTED and Complaint (ECF No. 6) is DISMISSED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED Plaintiff's Motion to Waive Filing Fee (ECF No. 10), is GRANTED and the institution having custody of Mr. Burton shall cease collection of the filing fee in this action, cause number 2:14-cv-00133-JPH.

IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter judgment of dismissal without prejudice, forward a copy to Plaintiff and close the file. The District Court Executive is further directed to send a copy of this Order to the Department of Corrections, Attn: LFO/COS UNIT, P.O. Box 41107, Olympia, WA XXXXX-XXXX, to forward to the appropriate agency having custody of Plaintiff. The District Court Executive also shall provide a copy of this Order to the Financial Administrator for the United States District Court, Eastern District of Washington.


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