Sanchez vs. John Doe et al

Filing 34

ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 31 Report and Recommendations. (TG; cc mailed to plaintiff)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 JOSEPH FLORES SANCHEZ, 8 9 10 Plaintiff, ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATION v. JOHN DOE, et al., 11 CASE NO. C 16-5201BHS-DWC Defendants. 12 13 This matter comes before the Court on the Report and Recommendation (“R&R”) 14 of the Honorable David W. Christel, United States Magistrate Judge (Dkt. 31), and 15 Plaintiff Joseph Flores Sanchez’s (“Sanchez”) notice of change of address (Dkt. 33). 16 On September 9, 2016, Judge Christel issued the R&R recommending that the 17 Court dismiss Sanchez’s complaint without prejudice for failure to keep his current 18 address on file with the Court. Dkt. 31. On September 22, 2016, Sanchez filed a notice 19 of change of address indicating his new address in the Grays Harbor County Jail. Dkt. 20 33. Sanchez also indicates that, during the time his mail was returned as undeliverable, 21 he was homeless. Id. 22 ORDER - 1 1 The Court declines to adopt the R&R and dismiss Sanchez’s claims because he 2 has updated his address. Accordingly, the Court refers the matter for further proceedings. 3 IT IS SO ORDERED. 4 Dated this 26th day of September, 2016. A 5 6 BENJAMIN H. SETTLE United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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