Opinion
C23-5572-JCC-MLP
12-05-2023
BARTHOLOMEW LEE JONES, Plaintiff, v. DEPARTMENT OF CORRECTIONS, et al., Defendants.
REPORT AND RECOMMENDATION
MICHELLE L. PETERSON, UNITED STATES MAGISTRATE JUDGE
This is a civil rights action brought under 42 U.S.C. § 1983. Plaintiff submitted a prisoner civil rights complaint to this Court for filing on June 26, 2023, together with an application to proceed with this action in forma pauperis (“IFP”). (See dkt. # 1.) At the time Plaintiff initiated this action, he was confined at Western State Hospital (“WSH”) in Lakewood, Washington. Plaintiff's claims appeared to largely relate to his ongoing state court criminal proceedings. (See dkt. # 4-1.)
On August 11, 2023, the Court issued an Order granting Plaintiff's application for leave to proceed IFP and an Order declining to serve Plaintiff's complaint and granting him leave to amend. (Dkt. ## 6-7.) Copies of those Orders were mailed to Plaintiff at his address of record, WSH, but were returned to the Court on September 11, 2023, with a notation indicating that Plaintiff was no longer at that facility. (See dkt. # 8.) To date, Plaintiff has not provided the Court with an updated address.
Because more than sixty days have passed since mail directed to Plaintiff at his address of record was returned by the post office, and because Plaintiff has not notified the Court of his current address, this action should be dismissed without prejudice, pursuant to Local Civil Rule 41(b)(2), for failure to prosecute. A proposed Order accompanies this Report and Recommendation.
Objections to this Report and Recommendation, if any, should be filed with the Clerk and served upon all parties to this suit within twenty-one (21) days of the date on which this Report and Recommendation is signed. Failure to file objections within the specified time may affect your right to appeal. Objections should be noted for consideration on the District Judge's motions calendar for the third Friday after they are filed. Responses to objections may be filed within fourteen (14) days after service of objections. If no timely objections are filed, the matter will be ready for consideration by the District Judge on December 29, 2023.