Filed: Aug. 16, 2013
Latest Update: Aug. 16, 2013
Summary: RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE BOYD N. BOLAND, Magistrate Judge. This matter arises on my Order to Show Cause [Doc. #49] issued on July 25, 2013. For the following reasons, I respectfully RECOMMEND that this action be DISMISSED WITHOUT PREJUDICE. The plaintiff filed his Third Amended Complaint on March 8, 2013 [Doc. #18] (the "Complaint"). The defendants filed a motion to dismiss the Complaint on May 31, 2013 [Doc. #35]. The plaintiff was ordered to respond to the motion to
Summary: RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE BOYD N. BOLAND, Magistrate Judge. This matter arises on my Order to Show Cause [Doc. #49] issued on July 25, 2013. For the following reasons, I respectfully RECOMMEND that this action be DISMISSED WITHOUT PREJUDICE. The plaintiff filed his Third Amended Complaint on March 8, 2013 [Doc. #18] (the "Complaint"). The defendants filed a motion to dismiss the Complaint on May 31, 2013 [Doc. #35]. The plaintiff was ordered to respond to the motion to d..
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
BOYD N. BOLAND, Magistrate Judge.
This matter arises on my Order to Show Cause [Doc. #49] issued on July 25, 2013. For the following reasons, I respectfully RECOMMEND that this action be DISMISSED WITHOUT PREJUDICE.
The plaintiff filed his Third Amended Complaint on March 8, 2013 [Doc. #18] (the "Complaint"). The defendants filed a motion to dismiss the Complaint on May 31, 2013 [Doc. #35]. The plaintiff was ordered to respond to the motion to dismiss on or before June 28, 2013 [Docs. ##37 and 40], but no response has been received.
On July 2, 2013, the court mailed a memorandum to the plaintiff at his address of record [Doc. #47]. The envelope containing the memorandum was returned on July 22, 2013, as undeliverable, stating "box closed" and "unable to forward." [Doc. #48]. The Court has not received a notice of change of address from the plaintiff as required by D.C.COLO.LCivR 10.1M.
Local Rule of Practice 41.1, D.C.COLO.LCivR., provides:
A judicial officer may issue an order to show cause why a case should not be dismissed for lack of prosecution or for failure to comply with these rules, the Federal Rules of Civil Procedure, or any court order. If good cause is not shown within the time set in the show cause order, a district judge or a magistrate judge exercising consent jurisdiction may enter an order of dismissal with or without prejudice.
Pursuant to Rule 41.1, I ordered the plaintiff to show cause on or before August 12, 2013, why the Complaint should not be dismissed for failure to comply with an order of the court and failure to keep the court informed of his current address in violation of D.C.COLO.LCivR 10.1M. I warned the plaintiff that his failure to respond to my order on or before August 12, 2013, would result in my recommendation that the Complaint be dismissed in its entirety.
The plaintiff did not respond to the show cause order.
I respectfully RECOMMEND that the Complaint be DISMISSED WITHOUT PREJUDICE.1
