Kimpel v. King County Jail et al

Filing 75

ORDER by Judge Thomas S. Zilly adopting the 70 Report and Recommendation. This matter is dismissed, without prejudice, for failure to prosecute pursuant to Local Civil Rule 41(b)(2). (PM) cc: plaintiff via the U.S. Mail

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 JAY G. KIMPEL, 8 Plaintiff, C15-1500 TSZ 9 10 v. ORDER KING COUNTY JAIL, et al., 11 12 13 14 15 16 17 18 19 20 Defendants. The Court, having reviewed the Report and Recommendation of the Honorable James P. Donohue, docket no. 70, and defendants’ objections thereto, docket nos. 71 & 74, does hereby find and ORDER: (1) The Report and Recommendation is adopted. Defendants have not shown that dismissal with prejudice is warranted. The fact that a jail lookup service may have listed the same address to which the unclaimed mail was sent provides insufficient proof of defendants’ assertion that Mr. Kimpel is refusing to claim correspondence from the Court and opposing counsel at his listed address. Further, the Court declines to grant defendants’ alternative request that Mr. Kimpel’s case be dismissed pursuant to Local 21 22 23 ORDER - 1 1 Civil Rule 41(b)(1) “in due course” if Mr. Kimpel “persists in his failure to prosecute.” 2 See Defs’ Revised Objections, docket no. 74 at 3. 3 (2) This matter is DISMISSED, without prejudice, for failure to prosecute 4 pursuant to Local Civil Rule 41(b)(2). 5 (3) The Clerk is directed to send a copy of this Order to all counsel of record, 6 to plaintiff pro se at his last known address, and to the Honorable James P. Donohue. 7 Dated this 27th day of December, 2016. 8 A 9 10 Thomas S. Zilly United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER - 2

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