Opinion
CASE NO. 3:18-cv-05608-BHS-JRC
10-29-2018
RONNIE DEION HUNTLEY, Plaintiff, v. COWLITZ COUNTY POLICE DEPARTMENT and COWLITZ COUNTY JAIL, Defendants.
REPORT AND RECOMMENDATION NOTED FOR: November 16, 2018
This 42 U.S.C. § 1983 civil rights matter has been referred to Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and Local Magistrate Judge Rules MJR 1, MJR 3, and MJR 4.
On August 28, 2018, the Court entered an order to show cause or file an amended complaint, explaining to plaintiff Ronnie Deion Huntley that he had named improper defendants and that his complaint improperly challenged his underlying conviction pursuant to Heck v. Humphrey. Dkt. 10. Because it was unlikely plaintiff would be able to cure his deficiencies, the Court also declines to grant plaintiff's application to proceed in forma pauperis ("application for IFP") at that time. Id. The Court provided plaintiff until September 29, 2018 to show cause or file his amended complaint. Id. Plaintiff has still failed to do so.
Therefore, the Court recommends denying plaintiff's application for IFP (Dkt. 2) and dismissing plaintiff's action without prejudice for failure to obey a court order.
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 result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140 (1985); Miranda v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations omitted). Accommodating the time limit imposed by Rule 72(b), the Clerk is directed to set the matter for consideration on November 16, 2018 as noted in the caption.
Dated this 29th day of October, 2017.
/s/_________
J. Richard Creatura
United States Magistrate Judge