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Butsch v. Dep't of Corr.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Nov 20, 2013
CASE NO. C13-5809 BHS (W.D. Wash. Nov. 20, 2013)

Opinion

CASE NO. C13-5809 BHS

11-20-2013

CLAYTON E. BUTSCH, Plaintiff, v. DEPARTMENT OF CORRECTIONS, et al., Defendants.


ORDER DECLINING TO ADOPT

THE REPORT AND

RECOMMENDATION AND

CLOSING CASE

This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 13), and Plaintiff Clayton Butsch's ("Butsch") objections to the R&R (Dkt. 14).

On October 3, 2013, Judge Strombom issued the R&R recommending that the Court grant Butsch's motion to voluntarily dismiss his complaint. Dkt. 13. On October 10, 2013, Butsch filed objections arguing that Judge Strombom incorrectly converted his notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A) into a motion to dismiss pursuant to Fed. R. Civ. P. 41(a)(2). Dkt. 13. While the conversion is essentially a procedural distinction without a substantive difference, the Court will honor Butsch's notice that was mailed before Defendants answered.

Therefore, the Court having considered the R&R, Butsch's objections, and the remaining record, does hereby find and order as follows:

(1) The Court DECLINES to ADOPT the R&R;
(2) The Court ACCEPTS Butsch's notice of voluntary dismissal; and,
(3) The Clerk shall CLOSE this case.

______________________

BENJAMIN H. SETTLE

United States District Judge


Summaries of

Butsch v. Dep't of Corr.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Nov 20, 2013
CASE NO. C13-5809 BHS (W.D. Wash. Nov. 20, 2013)
Case details for

Butsch v. Dep't of Corr.

Case Details

Full title:CLAYTON E. BUTSCH, Plaintiff, v. DEPARTMENT OF CORRECTIONS, et al.…

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

Date published: Nov 20, 2013

Citations

CASE NO. C13-5809 BHS (W.D. Wash. Nov. 20, 2013)