Gonzales v. Taylor

W.D. Washington

Gonzales v. Taylor

DecidedJanuary 25, 2023

Docket2:22-cv-01658

StatusUnknown

This text of Gonzales v. Taylor (Gonzales v. Taylor) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gonzales v. Taylor, (W.D. Wash. 2023).

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 DANIEL GONZALES, CASE NO. 2:22-cv-01658-DGE- 11 Plaintiff, BAT 12 v. ORDER ADOPTING IN PART 13 EDWARD TAYLOR et al, REPORT AND RECOMMENDATION (DKT. NO. 14 Defendants. 3) 15

16 17 Having reviewed the Report and Recommendation (Dkt. No. 3) of the assigned, United 18 States Magistrate Judge Brian A. Tsuchida, any objections, and the remaining record, the Court 19 finds and ORDERS: 20 (1) The Court ADOPTS in part the Report and Recommendation. 21 (2) The case is DISMISSED without prejudice. See Porter v. Howard, 531 F. App’x 792, 22 793 (9th Cir. 2013) (“[I]f the court concludes that a prisoner has failed to exhaust, the proper 23 remedy is dismissal of those claims without prejudice.”); see also Jackson v. Patzkowski, No. 24 1 C18-1508-RSM-MLP, 2020 WL 13219613, at *15 (W.D. Wash. July 14, 2020), report and 2 recommendation adopted, No. C18-1508-RSM-MLP, 2022 WL 1186208 (W.D. Wash. Apr. 21, 3 2022). 4 (3) The Clerk is directed to send copies of this Order to the Plaintiff.

5 6 Dated this 25th day of January, 2023. 7 A 8 David G. Estudillo 9 United States District Judge

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 DANIEL GONZALES, CASE NO. 2:22-cv-01658-DGE- 11 Plaintiff, BAT 12 v. ORDER ADOPTING IN PART 13 EDWARD TAYLOR et al, REPORT AND RECOMMENDATION (DKT. NO. 14 Defendants. 3) 15

16 17 Having reviewed the Report and Recommendation (Dkt. No. 3) of the assigned, United 18 States Magistrate Judge Brian A. Tsuchida, any objections, and the remaining record, the Court 19 finds and ORDERS: 20 (1) The Court ADOPTS in part the Report and Recommendation. 21 (2) The case is DISMISSED without prejudice. See Porter v. Howard, 531 F. App’x 792, 22 793 (9th Cir. 2013) (“[I]f the court concludes that a prisoner has failed to exhaust, the proper 23 remedy is dismissal of those claims without prejudice.”); see also Jackson v. Patzkowski, No. 24 1 C18-1508-RSM-MLP, 2020 WL 13219613, at *15 (W.D. Wash. July 14, 2020), report and 2 recommendation adopted, No. C18-1508-RSM-MLP, 2022 WL 1186208 (W.D. Wash. Apr. 21, 3 2022). 4 (3) The Clerk is directed to send copies of this Order to the Plaintiff.

5 6 Dated this 25th day of January, 2023. 7 A 8 David G. Estudillo 9 United States District Judge

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