Brown v. King County Jail et al

Filing 18

ORDER GRANTING OBJECTIONS AND DECLINING TO DISMISS FOR FAILURE TO PROSECUTE by U.S. District Judge John C Coughenour. Plaintiff must file an amended complaint within 45 calendar days of this order or his complaint will again be dismissed. (Attachments: # 1 Order Declining Service and Granting Leave to Amend (Dkt. No. 7), # 2 Blank 1983 Prisoner Civil Rights Complaint)**11 PAGE(S), PRINT ALL**(Dranoel Brown, Prisoner ID: 314960)(ST)

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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 DRANOEL ENAJ BROWN, 10 Plaintiff, 11 CASE NO. C16-1332-JCC-JPD ORDER v. 12 13 KING COUNTY JAIL, et al., Defendants. 14 15 This matter comes before the Court on Plaintiff Dranoel Enaj Brown’s objections (Dkt. 16 No. 15) to the report and recommendation of the Honorable James P. Donohue, United States 17 Magistrate Judge (Dkt. No. 11). On November 21, 2016, Judge Donohue recommended that this 18 case be dismissed without prejudice for failure to prosecute pursuant to Local Civil Rule 19 41(b)(2), because over 60 days had passed since mail directed to Brown at his address of record 20 was returned by the post office, and because Brown had not notified the Court of his current 21 address. (Dkt. No. 11 at 1-2.) 22 On December 6, 2016, Brown provided an updated address and explained that the lapse 23 in communication was due to matters outside of his control. (Dkt. No. 13.) Namely, Brown 24 alleged that he was not released from custody as Defendant King County Jail had indicated, but 25 that Brown was instead in transit to FCI Sheridan without the ability to receive or submit filings. 26 (See generally Dkt. Nos. 13-15.) Brown now objects to the recommendation that his case be ORDER PAGE - 1 1 dismissed, arguing that a dismissal would not be in the interests of justice. (Dkt. No. 15 at 1.) 2 Brown has shown good cause to grant him the opportunity to proceed with this case 3 despite his failure to adhere to Rule 41(b)(2). Accordingly, the Court GRANTS Brown’s 4 objections (Dkt. No. 15) and declines to dismiss the case for failure to prosecute. Going forward, 5 however, Brown should not expect blanket forgiveness of any failure to follow court rules. 6 Moreover, Brown should note that this order returns him to the position he was in on 7 September 8, with the Court declining to serve his complaint on Defendants without adequate 8 amendment. (See generally Dkt. No. 7.) Accordingly, for this case to proceed any further, Brown 9 must amend his complaint in conformance with Judge Donohue’s order declining service and 10 granting leave to amend (Dkt. No. 7). Brown must file his amended complaint curing these 11 deficiencies within 45 calendar days of this order, or his complaint will again be dismissed, 12 this time for failure to state a claim upon which relief may be granted. 13 The Clerk is DIRECTED to send a copy of this order to Brown, along with a copy of 14 Judge Donohue’s order declining service and granting leave to amend (Dkt. No. 7). The Clerk is 15 further DIRECTED to send a copy of this order to Judge Donohue. 16 DATED this 10th day of January 2017. 17 18 19 A 20 21 22 John C. Coughenour UNITED STATES DISTRICT JUDGE 23 24 25 26 ORDER PAGE - 2

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