Reyes v. United States Army et al

Filing 13

ORDER OF DISMISSAL AND CLOSING FILE. Signed by Senior Judge Justin L. Quackenbush. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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BLAKE LEE REYES,
NO. 2:15-CV-00217-JLQ

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Plaintiff,

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vs.

ORDER OF DISMISSAL
AND CLOSING FILE

UNITED STATES ARMY, et al.,

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Defendants.

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Plaintiff submitted his Complaint (ECF No. 2), an Application to proceed in forma

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pauperis, and a Motion to Appoint Counsel on August 24, 2015. On August 25, 2015,

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Magistrate Judge Rodgers issued an Order denying the Application to proceed in forma

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pauperis. (ECF No. 4). The Order pointed out a deficiency in the Application and gave

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Plaintiff 30 days to "proffer the full filing fee, show cause why prepayment would be

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inappropriate, or submit a properly completed Application." Plaintiff failed to respond to

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the Order of August 25, 2015, and on September 29, 2015, this court issued an Order to

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Show Cause. The Order directed Plaintiff to respond to the Order by no later than

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October 13, 2015, and cautioned: "Failure to timely respond to this Order will result in

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dismissal of the action." (ECF No. 9, p. 2)(emphasis in original). Plaintiff has filed no

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response to the Order.

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It has recently come to the court's attention, that some of the prior Orders sent to

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the address provided by Plaintiff were returned as "undeliverable". Plaintiff is

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responsible for providing the court with a valid address, and updating that address if it

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changes. The court would also expect a litigant to periodically check the status of his

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case. Plaintiff has taken no action in this case since the initial submittal on August 24,

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2015. Plaintiff has not obtained in forma pauperis status, and has not complied with the
ORDER - 1

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Orders of the court.

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IT IS HEREBY ORDERED:

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Plaintiff's Complaint is dismissed without prejudice. The Clerk is directed to enter

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this Order and close the file.
IT IS SO ORDERED. The Clerk is hereby directed to enter this Order, mail a
copy to Plaintiff at the address provided, and close this file.
DATED this 20th day of October, 2015.
s/ Justin L. Quackenbush
JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE

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ORDER - 2