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Carter v. Ashley

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Oct 26, 2018
CASE NO. 3:18-CV-05286-RBL-DWC (W.D. Wash. Oct. 26, 2018)

Opinion

CASE NO. 3:18-CV-05286-RBL-DWC

10-26-2018

LONNIE RAY CARTER, Plaintiff, v. ASHLEY A ZUBER, S RODDEY, TIM THRASHER, V DALSEY, C NEWTON, K BOWEN, R PFAFF, R ALANIN, L SOWER, JAYNE OLSEN, MELANIE S BRUNETTI, BISHOP, DOUGLAS FRENCH, DIANA BENNETT, MORGANSEN, Defendants.


REPORT AND RECOMMENDATION Noting Date: November 9, 2018

The District Court has referred this action filed under 42 U.S.C. § 1983 to United States Magistrate Judge David W. Christel. Plaintiff Lonnie Ray Carter, proceeding pro se and in forma pauperis, initiated this civil rights action on April 11, 2018. See Dkt. 1. On August 22, 2018, the Court screened the Plaintiff's Complaint and found it was deficient. Dkt. 16. The Court ordered Plaintiff to file a second amended complaint on or before September 21, 2018. Id. The Court warned that failure to file an amended complaint or adequately address the issues identified in the Order would result in the Court recommending dismissal of this action pursuant to 28 U.S.C. § 1915. Id. On September 4, 2018, the Court granted an extension of time and ordered Plaintiff to file the second amended complaint on or before October 5, 2018. Dkt. 18.

Plaintiff has failed to comply with the Court's Order. He has not filed a response to the Order or filed an amended complaint. As Plaintiff has failed to respond to the Court's Order and prosecute this case, the Court recommends this case be dismissed without prejudice.

Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, 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 appeal. Thomas v Arn, 474 U.S. 140 (1985). Accommodating the time limit imposed by Rule 72(b), the Clerk is directed to set the matter for consideration on November 9, 2018.

Dated this 26th day of October, 2018.

/s/_________

David W. Christel

United States Magistrate Judge


Summaries of

Carter v. Ashley

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA
Oct 26, 2018
CASE NO. 3:18-CV-05286-RBL-DWC (W.D. Wash. Oct. 26, 2018)
Case details for

Carter v. Ashley

Case Details

Full title:LONNIE RAY CARTER, Plaintiff, v. ASHLEY A ZUBER, S RODDEY, TIM THRASHER, V…

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

Date published: Oct 26, 2018

Citations

CASE NO. 3:18-CV-05286-RBL-DWC (W.D. Wash. Oct. 26, 2018)