Opinion
24-cv-00830-TSH
06-10-2024
LIAM ALEXANDER, Plaintiff, v. HILTON HOTELS WORLDWIDE, et al., Dpfpndantq
REPORT & RECOMMENDATION
THOMAS S. HIXSON, UNITED STATES MAGISTRATE JUDGE.
Plaintiff Liam Alexander brings this case against Defendant Justice Operating Company LLC. ECF No. 1. On March 5, 2024, the Clerk of Court directed Plaintiff to file a consent or declination to proceed before a magistrate judge by April 15, 2024. ECF No. 8. However, the notice was returned as undeliverable. ECF No. 10. The Clerk notified Plaintiff that he must provide an updated address pursuant to Civil Local Rule 3-11(a), see ECF No. 12, but he did not respond. Subsequent mailings have also been returned as undeliverable. See ECF No. 22.
Erroneously sued as Hilton Hotels Worldwide. See ECF No. 17.
Civil Local Rule 3-11(a) provides that “a party proceeding pro se whose address changes while an action is pending must promptly file with the Court and serve upon all opposing parties a Notice of Change of Address specifying the new address.” The Court may dismiss a complaint without prejudice when “(1) [m]ail directed to the attorney or pro se party by the Court has been returned to the Court as not deliverable; and (2) [t]he Court fails to receive within 60 days of this return a written communication from the attorney or pro se party indicating a current address.” Civ. L.R. 3-11(b). Here, it has been over 60 days since the Clerk's notice was returned as undeliverable and Plaintiff has not responded to the Clerk's request for him to provide an updated address. Accordingly, dismissal without prejudice is appropriate.
As not all parties have consented to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c), the Court requests this case be reassigned to a district judge for disposition with the recommendation that this case be DISMISSED WITHOUT PREJUDICE pursuant to Civil Local Rule 3-11(b).
Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b)(2), a party may serve and file any objections within 14 days after being served. Failure to file objections within the specified time may waive the right to appeal the district court's order.
IT IS SO RECOMMENDED.