Opinion
3:23-cv-05362-DGE
07-03-2023
ROMEO C. ALLEN, Plaintiff, v. LONGVIEW POLICE DEPARTMENT, Defendants.
NOTED FOR: JULY 21, 2023
REPORT AND RECOMMENDATION
Theresa L. Fricke, United States Magistrate Judge
On May 10, 2023, plaintiff filed a motion for leave to proceed in forma pauperis (Dkt. 3), with respect to his proposed civil rights complaint (Dkt. 1). Given the identified deficiencies in the proposed complaint, the Court did not grant plaintiff's IFP application. Plaintiff was given until June 9, 2023, to show cause why his complaint should not be dismissed or file an amended complaint. Dkt. 5. Plaintiff filed an amended complaint (Dkt. 6) but failed to cure the deficiencies identified in the order to show cause and was given until June 30, 2023 to file a second amended complaint (Dkt. 7). Plaintiff has not responded to the Court's second order to show cause. Accordingly, the undersigned recommends that the Court DENY plaintiff's IFP application and dismiss his action without prejudice for failure to prosecute. A proposed Order accompanies this Report and Recommendation.
Pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b), the parties shall have fourteen (14) days from service of this report to file written objections. See also Fed. R. Civ. P. 6. Failure to file objections will result in a waiver of those objections for purposes of de novo review by the district judge, see 28 U.S.C. § 636(b)(1)(C), and can result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 142 (1985); Miranda v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations omitted). Accommodating the time limit imposed by Fed.R.Civ.P. 72(b), the Clerk is directed to set the matter for consideration on July 21, 2023, as noted in the caption.