THOMAS O. RICE
ORDER ADOPTING REPORT AND
RECOMMENDATION, DISMISSING
COMPLAINT WITHOUT PREJUDICE
AND DIRECTING THAT
COLLECTION OF FILING FEE
CEASE
Magistrate Judge Hutton filed a Report and Recommendation (ECF No. 10), recommending that Mr. McNeil's request to Voluntarily Dismiss this action be granted. Defendants have not been served. There being no objections, the Court ADOPTS the Report and Recommendation. Plaintiff's Motion (ECF No. 8) is GRANTED and this action is DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED Plaintiff's Motion to waive filing fee (ECF No. 9) is GRANTED and the institution having custody of Mr. McNeil shall cease collection of the filing fee in this action, cause number 13-CV-0122-JPH.
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.
THOMAS O. RICE
United States District Judge