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Baumgardner v. Miller-Stout

United States District Court, Eastern District of Washington

May 27, 2015

TROY L. BAUMGARDNER, Plaintiff,
v.
MAGGIE MILLER-STOUT, BERNARD WARNER, EARL X. WRIGHT, KEVIN BOVENKAMP, KAREN JASPER, JAY CLEMENT, DONNA BYRNES and WASHINGTON DEPARTMENT OF CORRECTIONS, Defendants.

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

THOMAS O RICE, United States District Judge.

Magistrate Judge Rodgers filed a Report and Recommendation (ECF No. 16), recommending that Mr. Baumgardner's Motion to Voluntarily Dismiss be granted. Defendants have not been served. There being no objections, the Court ADOPTS the Report and Recommendation. Plaintiff’s Motion (ECF No. 14) is GRANTED and this action is DISMISSED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED Plaintiffs Motion to waive filing fee (ECF No. 15) is GRANTED and the institution having custody of Mr. Baumgardner shall cease collection of the filing fee in this action, formerly cause number 2:15-CV-00045-JTR, now 2:15-CV-00045-TOR.

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 Office of the Department of Corrections, Attn: LFO/COS UNIT, P.O. Box 41107, Olympia, WA 98504-1107, 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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