Foster v. Benton County Jail
Filing
5
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE, by Judge Richard A Jones. (Copy sent to Plaintiff) (JS)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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08 RUSSELL KENNETH FOSTER,
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Plaintiff,
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v.
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BENTON COUNTY JAIL,
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Defendant.
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____________________________________ )
CASE NO. C12-1851-RAJ
ORDER DISMISSING COMPLAINT
WITHOUT PREJUDICE
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The court has reviewed the complaint, the Report and Recommendation (Dkt.# 4) of
15 Mary Alice Theiler, United States Magistrate Judge, and the remaining record. The court
16 notes that no party objected to the Report and Recommendation. The court orders as follows:
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(1)
The Court adopts the Report and Recommendation;
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(2)
The court DENIES Plaintiff’s application to proceed in forma pauperis;
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(3)
The court dismisses this action without prejudice, pursuant to 28 U.S.C. §
20 1406(a), and;
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ORDER DISMISSING COMPLAINT
WITHOUT PREJUDICE
PAGE -1
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(4)
The court directs the clerk to send this Order to plaintiff, along with the original
02 paperwork filed by plaintiff to open this case. The Clerk shall also send a copy of this Order to
03 Judge Theiler.
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DATED this 26th day of November, 2012.
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The Honorable Richard A. Jones
United States District Court Judge
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ORDER DISMISSING COMPLAINT
WITHOUT PREJUDICE
PAGE -2
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