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Battle v. Hattle

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Aug 19, 2013
CASE NO. C13-5086 BHS (W.D. Wash. Aug. 19, 2013)

Opinion

CASE NO. C13-5086 BHS

08-19-2013

JAMES A. BATTLE, JR., Plaintiff, v. ARLEN HATTLE, et al., Defendants.


ORDER ADOPTING REPORT

AND RECOMMENDATION

This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 26), and Plaintiff James A. Battle, Jr.'s ("Battle") response to the R&R (Dkt. 27).

On July 15, 2013, Judge Strombom issued an R&R dismissing without prejudice two Defendants in this case, Dawn Thompson ("Thompson") and Gary Harp ("Harp") for failure to prosecute. Dkt. 26 at 3. Judge Strombom had provided Battle additional time to obtain service information, and he failed to provide that information with respect to Thompson and Harp. Id.

On July 19, 2013, Battle filed a response to the R&R. Dkt. 27. Although the response was designated as an objection on the Court's docket, Battle, in fact, has no objections to the R&R. In his response, Battle apologizes to the Court for failing to be diligent in seeking out the addresses of the aforementioned Defendants and for wasting the Court's scarce resources by failing to follow through. Id. at 1-2. Battle states that he "respectfully concedes [sic] to the Magistrate's Report and Recommendations (Dkt. 28) in toto."

The Court having considered the R&R, Bettle's response, and the remaining record, does hereby find and order as follows:

(1) The R&R is ADOPTED; and

(2) This case is DISMISSED without prejudice as to Defendants Dawn Thompson and Gary Harp.

______________________

BENJAMIN H. SETTLE

United States District Judge


Summaries of

Battle v. Hattle

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Aug 19, 2013
CASE NO. C13-5086 BHS (W.D. Wash. Aug. 19, 2013)
Case details for

Battle v. Hattle

Case Details

Full title:JAMES A. BATTLE, JR., Plaintiff, v. ARLEN HATTLE, et al., Defendants.

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

Date published: Aug 19, 2013

Citations

CASE NO. C13-5086 BHS (W.D. Wash. Aug. 19, 2013)