Opinion
CASE NO. C02-5505RJB
January 23, 2003
REPORT AND RECOMMENDATION
Plaintiff Hubba Teal is a state prisoner currently in custody at Clallam Bay Corrections Center at Clallam Bay, Washington. He filed under one case number documents purporting to be both a civil rights action under 42 U.S.C. § 1983, and a petition for habeas corpus to the state courts, together with an application to proceed in forma pauperis (IFP) on the form for habeas petitions. The Court found that the combined documents made "vague and conclusory allegations of racial and religious discrimination at two separate corrections institutes", but stated no specific facts. Dkt. #5. Plaintiff was directed to file an amended complaint clarifying his intent and curing the cited defects, together with an application to proceed IFP on the proper form. Id.
The amended complaint and IFP application were due January 2, 2003. As of this date, January 23, 2003, plaintiff has neither responded nor requested additional time in which to do so. Accordingly, the action should be dismissed without prejudice for failure to prosecute and failure to comply with the Court's Order.
The docket sheet indicates that the Order granting leave to amend was returned to the Clerk because it did not bear plaintiff's inmate number. The Order was re-mailed on December 9, 2002, and has not been returned to the Court.
Proposed forms of Order and Judgment reflecting this recommendation are attached.