Opinion
C23-5902 BHS
04-02-2024
WILLIAM LUCAS MCVEIGH, Plaintiff, v. PIERCE COUNTY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE
This matter is before the Court on Magistrate Judge Theresa L. Fricke's Report and Recommendation (R&R), Dkt. 12, recommending that the Court deny pro se Plaintiff William McVeigh's application to proceed in forma pauperis and dismiss this action without prejudice for failure to prosecute. Id. at 2. Judge Fricke explains that McVeigh did not respond to the two previous orders to either show cause why this case should not be dismissed for failure to state a claim or file an amended complaint. See Dkts. 8, 10. Copies of those orders were mailed to McVeigh's address on file and returned to the Court as undeliverable. Dkts. 9, 11.
A district court “shall make a de novo determination of those portions of the report or specified proposed finding or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C) (emphasis added); accord Fed.R.Civ.P. 72(b)(3). “The statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). A proper objection requires “specific written objections to the proposed findings and recommendations” in the R&R. Fed.R.Civ.P. 72(b)(2).
The R&R was mailed to McVeigh's address on file and returned to the Court as undeliverable. Dkt. 13. Under this District's local rules, a party must apprise the Court of any changes in address. See Local Rules, W.D. Wash., LCR 10(f). Because McVeigh has failed to do so and has not objected to the R&R, the R&R, Dkt. 12, is ADOPTED, McVeigh's application to proceed in forma pauperis, Dkt. 5, is DENIED, and this matter is DISMISSED without prejudice for failure to prosecute.
The Clerk shall enter JUDGMENT and close this case.