Opinion
3:23-cv-05141-JNW-TLF
05-16-2023
ROBERT BLAINE MCBRIDE, Plaintiff, v. GRAYS HARBOR COUNTY, et al., Defendants.
REPORT AND RECOMMENDATION
Theresa L. Fricke, United States Magistrate Judge.
On February 21, 2023, plaintiff filed a motion for leave to proceed in forma pauperis (Dkt. 1), with respect to his proposed civil rights complaint (Dkt. 1-1). On April 4, 2021, the Court ordered plaintiff to show why the complaint should not be dismissed for failure to state a claim. Dkt. 6.
Given the identified deficiencies in the complaint, the Court did not order service of plaintiff's complaint. Plaintiff was given until April 24, 2023, to show cause why his complaint should not be dismissed or file an amended complaint. Plaintiff has not responded to the Court's order to show cause. Accordingly, the undersigned recommends that the Court dismiss plaintiff's 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 June 9, 2023, as noted in the caption.