Stach v. Larson et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS, by Judge Richard A Jones. (Copy sent to Plaintiff) (JS)

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HONORABLE RICHARD A. JONES 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 STACEY RAY STACH, Plaintiff, 10 11 12 CASE NO. C12-1521RAJ v. ORDER BRENDA J. LARSON, et al., Defendants. 13 14 This matter comes before the court on a Report and Recommendation (“R&R”) 15 from the Honorable Brian A. Tsuchida, United States Magistrate Judge. Dkt. # 4. The 16 R&R recommends that the court DISMISS this case because Plaintiff has neither paid the 17 filing fee nor submitted an application to proceed in forma pauperis. 18 Plaintiff has responded to the R&R not with objections, but with a series of filings 19 that point out that he has another case pending in this District. Stach v. Elfo, No. 12- 20 1803RSL. He also makes repeated reference to “Case No: 08-1-007668-9,” which the 21 court can only assume is a state court case, although the record does not reveal which 22 state court. Plaintiff appears to be attempting to make filings in the state court case in 23 federal court. One of his filings includes an application for court-appointed counsel 24 (Dkt. # 5) that suggests that Plaintiff believes he has already been granted in forma 25 pauperis status, perhaps in the state court case. 26 27 28 ORDER – 1 1 Plaintiff’s filings are difficult to comprehend, but none of them acknowledge his 2 failure to pay the filing fee or suggest that he has any intent to file a motion to proceed in 3 forma pauperis in this case. For that reason, the court ADOPTS the R&R and directs the 4 clerk to dismiss this case without prejudice. 5 DATED this 28th day of November, 2012. 6 A 7 8 9 The Honorable Richard A. Jones United States District Court Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER – 2

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