Summary
explaining that "under the 'prison mailbox rule,' pleadings filed by prisoners are considered filed the day that the pleading in question is deposited in the prison mail system"
Summary of this case from McNack v. FairbankOpinion
CASE NO. C06-1653-JLR-MAT.
November 16, 2007
ORDER GRANTING RESPONDENT'S MOTION TO DISMISS AND STRIKING PETITIONER'S PENDING MOTIONS AS MOOT
The Court, having reviewed respondent's motion to dismiss (Dkt. 41), petitioner's pending motions (Dkts. 38, 39, 46 48), the Report and Recommendation of Mary Alice Theiler, United States Magistrate Judge, and the remaining record, does hereby find and Order:
(1) The Court adopts the Report and Recommendation;
(2) Respondent's motion to dismiss is GRANTED and this case is DISMISSED without prejudice;
(3) Petitioner's pending motions are STRICKEN AS MOOT; and,
(4) The Clerk is directed to send copies of this Order to petitioner, to counsel for respondent, and to Judge Theiler.