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Fuentes v. Escandon

United States District Court, E.D. Washington

May 26, 2015

NICHOLAS ANDRES FUENTES, III, Plaintiff,
v.
DR. GILBERT ESCANDON, SGT. HILL, DR. CRISWELL KENNEDY, CHRISTY RAY, JOHN C. MCGRATH, LYNETT BROWN and MENTAL HEALTH STAFF AN COUNSLERS, Defendants.

ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING COMPLAINT

ROSANNA MALOUF PETERSON CHIEF UNITED STATES DISTRICT COURT JUDGE

By Report and Recommendation filed May 12, 2015, Magistrate Judge Hutton recommended that Plaintiff’s complaint be dismissed without prejudice pursuant to his motion to voluntarily dismiss under Fed.R.Civ.P. 41(a). Mail sent to Mr. Fuentes at the Spokane County Jail was returned as undeliverable, with the notation, “not in jail.” Plaintiff has not kept the Court apprised of his current address and has filed nothing further in this action.

There being no objections, IT IS ORDERED that the Report and Recommendation, ECF No. 10, is ADOPTED in its entirety, Plaintiff’s Motion, ECF No. 9, is GRANTED, and the Complaint, ECF No. 8, is DISMISSED without prejudice.

Although granted the opportunity to do so, Plaintiff did not file a separate Motion and Affidavit to waive the remaining balance of the filing fee as directed. Therefore, Plaintiff still is obliged to pay the full filing fee for this action pursuant to 28 U.S.C. § 1915(b).

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 at ...


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