Opinion
CASE NO. C11-5731 BHS
04-11-2013
TONY SMITH, Plaintiff, v. WASHINGTON DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 37. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The R&R is ADOPTED;
(2) Plaintiff's claim relating to not having traditional foods at the end of Ramadan Feast should be dismissed without prejudice. This claim was not exhausted through the prison grievance system. All other claims should be dismissed with prejudice; and
(3) In forma pauperis status is revoked for purposes of appeal.
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BENJAMIN H. SETTLE
United States District Judge