Stewart # 137924 v. Unknown Parties et al

Filing 55

ORDER that the Court elects to reject the 48 REPORT AND RECOMMENDATION. As has been noted in a prior order, the 47 Motion is on referral to Hon. James F. Metcalf for a report and recommendation. Signed by Judge John W Sedwick on 7/22/2013. (LFIG)

UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA

JENGHIZ K. STEWART

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Plaintiff,
vs.
UNKNOWN PARTIES,
Defendants.

2:11-cv-00997 JWS (ECV)

OPINION AND ORDER
[Re: REPORT at docket 48]

At docket 48, the magistrate judge recommended that this case be dismissed
without prejudice for plaintiff’s failure to keep the court advised of his current address.
Two days later plaintiff filed a notice of change of address. The policies favoring
resolution of disputes on the merits and efficient administration of justice weigh heavily
against dismissing the case. A briefing schedule has been fixed for defendants’ motion
to dismiss at docket 47. Under these circumstances, this court elects to reject the
recommendation at docket 48. This case will proceed on the merits. As has been
noted in a prior order, the motion at docket 47 is on referral to Hon. James F. Metcalf for
a report and recommendation.
DATED this 22nd day of July 2013.

/S/
JOHN W. SEDWICK
UNITED STATES DISTRICT JUDGE