Filed: Oct. 02, 2018
Latest Update: Oct. 02, 2018
Summary: REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA , Magistrate Judge . Plaintiff, a pro se prisoner, was incarcerated at the Snohomish County Jail when he applied to proceed in forma pauperis ("IFP") and submitted a 42 U.S.C. 1983 civil rights action on April 18, 2018. Dkt. 1. The Court granted the IFP application and recommended partial dismissal of the action. Dkts. 3,7. The recommendation was adopted and a scheduling order was issued. Dkts. 8, 20. Mail the Court sent plaintiff was returned
Summary: REPORT AND RECOMMENDATION BRIAN A. TSUCHIDA , Magistrate Judge . Plaintiff, a pro se prisoner, was incarcerated at the Snohomish County Jail when he applied to proceed in forma pauperis ("IFP") and submitted a 42 U.S.C. 1983 civil rights action on April 18, 2018. Dkt. 1. The Court granted the IFP application and recommended partial dismissal of the action. Dkts. 3,7. The recommendation was adopted and a scheduling order was issued. Dkts. 8, 20. Mail the Court sent plaintiff was returned ..
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REPORT AND RECOMMENDATION
BRIAN A. TSUCHIDA, Magistrate Judge.
Plaintiff, a pro se prisoner, was incarcerated at the Snohomish County Jail when he applied to proceed in forma pauperis ("IFP") and submitted a 42 U.S.C. § 1983 civil rights action on April 18, 2018. Dkt. 1. The Court granted the IFP application and recommended partial dismissal of the action. Dkts. 3,7. The recommendation was adopted and a scheduling order was issued. Dkts. 8, 20. Mail the Court sent plaintiff was returned to the Court on August 27, 2018, with a notation that plaintiff had been released from custody. The Snohomish County Sherriff's Office also filed a notice the same day that plaintiff was released from custody on August 5, 2018. Dkt. 22.
Local Civil Rule ("LCR") 10(f) requires represented and unrepresented parties to notify the Court of any change of address or telephone number within 10 days of the change. LCR 41(b)(2) further provides:
A party proceeding pro se shall keep the court and opposing parties advised as to his current address . . . . If mail directed to a pro se plaintiff by the clerk is returned by the Post Office, . . . and if such plaintiff fails to notify the court and opposing parties within 60 days thereafter of his current address, the court may dismiss the action without prejudice for failure to prosecute.
To date, plaintiff has not notified the Court of his current address, and has not filed anything to further prosecute this action. The Court thus recommends DISMISSING this action without prejudice pursuant to Local Rule CR 41(b)(2) for failure to prosecute.
Any objections to this Recommendation must be filed by October 16, 2018. The matter will be ready for the Court's consideration on Friday, October 19, 2018. Objections are limited to 5 pages. The failure to timely object may affect the right to appeal.
ORDER OF DISMISSAL
The Court, having reviewed plaintiff's amended complaint, the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, and the record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) This case is dismissed without prejudice.
(3) The Clerk is directed to send copies of this Order to Plaintiff and to Judge Tsuchida.
DATED this ______ day of __________________, 2018.
______________________________________
RICARDO S. MARTINEZ
United States District Judge
