Carroll v. Department of Corrections
3:20-cv-05279
W.D. Wash.
Jun 24, 2020
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Docket

MICHAEL PERRY CARROLL, Plaintiff, v. DEPARTMENT OF CORRECTIONS et al, Defendants.

CASE NO. 3:20-cv-05279-RBL-JRC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

June 24, 2020

REPORT AND RECOMMENDATION

NOTED FOR: July 31, 2020

The District Court has referred this action filed under 42 U.S.C. § 1983 to United States Magistrate Judge J. Richard Creatura. Plaintiff Michael Perry Carroll, proceeding pro se and in forma pauperis, initiated this civil rights action on March 23, 2020. See Dkt. 1. On April 16, 2020, the Court screened plaintiff‘s complaint and found that plaintiff failed to state a claim under § 1983. See Dkt. 8. The Court ordered plaintiff to show cause why the complaint should not be dismissed by May 16, 2020. Id. The Court warned plaintiff that failure to respond to the order would result in the Court recommending dismissal of this action pursuant to 28 U.S.C. § 1915. Id.

Plaintiff has failed to comply with the Court‘s order. He has not filed a response to the order or attempted to file an amended complaint. As plaintiff has failed to respond to the Court‘s order and prosecute this case, the Court recommends that this case be dismissed without prejudice.

Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed. R. Civ. P. 6. Failure to file objections will result in a waiver of those objections for purposes of appeal. . Accommodating the time limit imposed by Rule 72(b), the Clerk is directed to set the matter for consideration on July 31, 2020, as noted in the caption.

Dated this 24th day of June, 2020.

J. Richard Creatura

United States Magistrate Judge