Opinion
2:23-cv-00498-LK
06-09-2023
ADAM NEIL SISK, Plaintiff, v. STATE OF WASHINGTON et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
Lauren King United States District Judge
This matter comes before the Court on the Report and Recommendation (“R&R”) of Magistrate Judge Michelle L. Peterson, recommending dismissal without prejudice of pro se Plaintiff Adam Sisk's complaint filed under 42 U.S.C. § 1983. Dkt. No. 8; see Dkt. No. 4 (complaint). Mr. Sisk, who is proceeding in forma pauperis, has not filed any objections to the R&R. Indeed, the record indicates that he was released from King County Jail on April 4, 2023, and has since failed to update his mailing address in contravention of Local Civil Rule 41(b)(2). See Dkt. No. 8 at 2; Dkt. Nos. 6-7, 9. Mr. Sisk has also failed to timely file an amended complaint curing his deficient pleadings in accordance with Judge Peterson's April 12, 2023 Order. Dkt. No. 5 at 6.
The Court reviews findings and recommendations “if objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis original) (“Neither the Constitution nor the statute requires a district judge to review, de novo, findings and recommendations that the parties themselves accept as correct.”); see also 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b)(3).
Having reviewed the R&R and the remainder of the record, and in the absence of any objections by Mr. Sisk, the Court hereby finds and ORDERS:
1. The Court ADOPTS the Report and Recommendation, Dkt. No. 8.
2. This case is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B).
3. The Clerk is directed to send copies of this Order to Mr. Sisk at his last known address and to Judge Peterson.