Preston v. Snohomish County Jail, et al

Filing 26

ORDER DISMISSING CASE without prejudice for failure to prosecute. The Court DENIES Judge Tsuchida's R&R, (Dkt. No. 24), as moot by Judge Marsha J. Pechman. (PM) cc: plaintiff, Judge Tsuchida

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROBERT JOHN PRESTON,

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Plaintiff,
v.

CASE NO. C14-1749 MJP
ORDER DISMISSING CASE
WITHOUT PREJUDICE FOR
FAILURE TO PROSECUTE

SNOHOMISH COUNTY, et al.
Defendants.

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On May 13, 2015, the copy of the Honorable Magistrate Judge Brian A. Tsuchida’s

17 Report and Recommendation (“R&R”) that the clerk mailed to Plaintiff was returned to the
18 Court as undeliverable. (Dkt. No. 25.) Local Rule 41(b)(2) provides “if mail directed to a pro se
19 plaintiff by the clerk is returned by the Postal Service . . . and if such plaintiff fails to notify the
20 court and opposing parties within 60 days thereafter of his or her current mailing address . . . the
21 court may dismiss the action without prejudice for failure to prosecute.” Sixty days have passed
22 since the mail directed by the clerk to Plaintiff was returned as undeliverable. Because Plaintiff
23 has not advised the Court of his current mailing address, the Court DISMISSES this case without
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ORDER DISMISSING CASE WITHOUT
PREJUDICE FOR FAILURE TO PROSECUTE- 1

1 prejudice for failure to prosecute. The Court DENIES Judge Tsuchida’s R&R, (Dkt. No. 24), as
2 moot.
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The clerk is ordered to provide copies of this order to all counsel.

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Dated this 27th day of July, 2015.

A

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Marsha J. Pechman
United States District Judge

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ORDER DISMISSING CASE WITHOUT
PREJUDICE FOR FAILURE TO PROSECUTE- 2