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Guthrie v. Snohomish County

United States District Court, W.D. Washington

November 21, 2014

ROBERT THOMAS GUTHRIE, Plaintiff,
v.
SNOHOMISH COUNTY, Defendant

Robert Thomas Guthrie, Plaintiff, Pro se, EVERETT, WA.

ORDER OF DISMISSAL

ROBERT S. LASNIK, United States District Judge.

On October 20, 2014, the Honorable Brian A. Tsuchida, United States Magistrate Judge, filed his Report and Recommendation in the above-captioned matter. Dkt. # 13. Judge Tsuchida recommends that the Amended Complaint be dismissed without prejudice for a number of reasons, including that Mr. Guthrie filed this action before exhausting his administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). Plaintiff subsequently filed two letters seeking court-appointed counsel and/or an extension of time in which to respond to the Report and Recommendation. Dkt. # 15 and # 16.

Because this action was prematurely filed, it cannot be salvaged through additional argument: neither appointment of counsel nor an extension of time will alter the outcome of this case. Having reviewed the record in its entirety, the Court does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation.
(2) This case is Dismissed Without Prejudice.
(3) The Clerk is directed to send copies of this Order to Plaintiff and to Judge Tsuchida.

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