Talley v. Strombom et al

Filing 15

ORDER by Judge Marsha J. Pechman dismissing case without prejudice for failure to prosecute. The Court DENIES the 5 14 Report and Recommendations as moot. (PM) cc: plaintiff

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10

JEROME TALLEY,

11
12
13
14

CASE NO. C15-5775 MJP
Plaintiff,

v.

ORDER DISMISSING CASE
WITHOUT PREJUDICE FOR
FAILURE TO PROSECUTE

KAREN L STROMBOM, et al.,
Defendants.

15
16

On December 9, 2015, the Report and Recommendation (“R&R”) of the Honorable Mary

17 Alice Theiler, United States Magistrate Judge, that had been mailed to Plaintiff was returned to
18 the Court as undeliverable. (Dkt. No. 8.) Local Rule 41(b)(2) provides “if mail directed to a pro
19 se plaintiff by the clerk is returned by the Postal Service . . . and if such plaintiff fails to notify
20 the court and opposing parties within 60 days thereafter of his or her current mailing address . . .
21 the court may dismiss the action without prejudice for failure to prosecute.” Sixty days have
22 passed since the mail directed by the clerk to Plaintiff was returned as undeliverable. Because
23 Plaintiff has not advised the Court of his current mailing address, the Court DISMISSES this
24
ORDER DISMISSING CASE WITHOUT
PREJUDICE FOR FAILURE TO PROSECUTE- 1

1 case without prejudice for failure to prosecute. The Court DENIES the R&Rs (Dkt. No. 5, 14) as
2 moot.
3

The clerk is ordered to provide copies of this order to all counsel.

4

Dated this 29th day of February, 2016.

5

7

A

8

Marsha J. Pechman
United States District Judge

6

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ORDER DISMISSING CASE WITHOUT
PREJUDICE FOR FAILURE TO PROSECUTE- 2