Talley v. Christel et al

Filing 11

ORDER by Judge Marsha J. Pechman dismissing case without prejudice for failure to prosecute. The Court DENIES the 3 Report and Recommendation as moot. (PM) cc: plaintiff

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JEROME TALLEY,

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CASE NO. C15-5819 MJP
Plaintiff,

v.

ORDER DISMISSING CASE
WITHOUT PREJUDICE FOR
FAILURE TO PROSECUTE

DAVID W CHRISTEL, et al.,
Defendants.

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On December 8, 2015, the Report and Recommendation (“R&R”) of the Honorable

17 Karen L. Strombom, United States Magistrate Judge, that had been mailed to Plaintiff was
18 returned to the Court as undeliverable. (Dkt. No. 6.) Local Rule 41(b)(2) provides “if mail
19 directed to a pro se plaintiff by the clerk is returned by the Postal Service . . . and if such plaintiff
20 fails to notify the court and opposing parties within 60 days thereafter of his or her current
21 mailing address . . . the court may dismiss the action without prejudice for failure to prosecute.”
22 Sixty days have passed since the mail directed by the clerk to Plaintiff was returned as
23 undeliverable. Because Plaintiff has not advised the Court of his current mailing address, the
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ORDER DISMISSING CASE WITHOUT
PREJUDICE FOR FAILURE TO PROSECUTE- 1

1 Court DISMISSES this case without prejudice for failure to prosecute. The Court DENIES the
2 R&R (Dkt. No. 3) as moot.
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The clerk is ordered to provide copies of this order to all counsel.

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Dated this 29th day of February, 2016.

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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