Gonzales v. Taylor

Full title: DANIEL GONZALES, Plaintiff, v. EDWARD TAYLOR et al, Defendants.

Court: United States District Court, Western District of Washington

Date published: Jan 25, 2023

2:22-cv-01658-DGE- (W.D. Wash. Jan. 25, 2023)

Opinion

2:22-cv-01658-DGE-

01-25-2023

DANIEL GONZALES, Plaintiff, v. EDWARD TAYLOR et al, Defendants.

DAVID G. ESTUDILLO, UNITED STATES DISTRICT JUDGE.

BAT

ORDER ADOPTING IN PART REPORT AND RECOMMENDATION (DKT. NO. 3)

DAVID G. ESTUDILLO, UNITED STATES DISTRICT JUDGE.

Having reviewed the Report and Recommendation (Dkt. No. 3) of the assigned, United States Magistrate Judge Brian A. Tsuchida, any objections, and the remaining record, the Court finds and ORDERS:

(1) The Court ADOPTS in part the Report and Recommendation.

(2) The case is DISMISSED without prejudice. See Porter v. Howard, 531 Fed.Appx. 792, 793 (9th Cir. 2013) (“[I]f the court concludes that a prisoner has failed to exhaust, the proper remedy is dismissal of those claims without prejudice.”); see also Jackson v. Patzkowski, No. C18-1508-RSM-MLP, 2020 WL 13219613, at *15 (W.D. Wash. July 14, 2020), report and recommendation adopted, No. C18-1508-RSM-MLP, 2022 WL 1186208 (W.D. Wash. Apr. 21, 2022).

(3) The Clerk is directed to send copies of this Order to the Plaintiff.