Simpson v. SCORE Jail

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 3 Report and Recommendations, by U.S. District Judge John C Coughenour. (TM) cc: Pro Se

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 Dejon Simpson, 10 CASE NO. C14-1924-JCC-MAT Plaintiff, 11 ORDER ADOPTING R&R v. 12 Score Jail, 13 Defendant. 14 This matter comes before the Court on the Report and Recommendation (R&R) of Chief 15 16 Magistrate Judge Mary A. Theiler (Dkt. No. 3) addressing Plaintiff’s Application to Proceed in 17 Forma Pauperis (Dkt. No. 1). Having thoroughly considered the parties’ briefing and the 18 relevant record, the Court finds oral argument unnecessary and hereby ADOPTS the R&R and 19 Plaintiff’s action is DISMISSED WITHOUT PREJUDICE for the reasons explained herein. 20 I. BACKGROUND 21 Dejon Simpson (“Simpson”) filed an Application to Proceed in Forma Pauperis 22 (“Application”) with this Court on December 12, 2014. Dkt. No. 1. The Clerk of the Court sent 23 a letter to Simpson notifying him that his Application was deficient for failure to submit a 24 certified copy of his prison trust account statement. Dkt. No. 2. The Clerk’s letter also notified 25 Simpson that his case may be subject to dismissal if he did not cure the defect by January 20, 26 2015. Id. Simpson has not communicated further with the Court since filing his Application. ORDER ADOPTING R&R PAGE - 1 1 II. DISCUSSION 2 Simpson has been granted substantial time to correct the deficiency in his Application, 3 and has failed to cure the defect. The R&R prepared by Judge Theiler recommends that 4 Simpson’s action be dismissed without prejudice for failure to prosecute. In light of his failure 5 to cure the deficiency, the Court ADOPTS the R&R and Simpson’s action is DISMISSED 6 WITHOUT PREJUDICE. 7 III. CONCLUSION 8 For the foregoing reasons, the Court ADOPTS the R&R (Dkt. No. 3). Plaintiff’s action 9 (Dkt No. 1) is DISMISSED WITHOUT PREJUDICE. 10 DATED this 12th day of March 2015. 11 12 13 A 14 15 16 John C. Coughenour UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 ORDER ADOPTING R&R PAGE - 2

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