Arrington v. St Joseph Hospital

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 CASE NO. 3:25-cv-05418-BHS-GJL 11 Plaintiff, v. REPORT AND RECOMMENDATION 12 ST. JOSEPH HOSPITAL, Noting Date: August 29, 2025 13 Defendant. 14

15 Plaintiff Vanika Arrington, proceeding pro se, initiated this 42 U.S.C. § 1983 action by 16 filing an Application to Proceed In Forma Pauperis (“IFP”) and a Proposed civil rights 17 Complaint. Dkts. 5, 5-2. On July 3, 2025, the Court reviewed and screened the Proposed 18 Complaint under 28 U.S.C. § 1915A, declined to direct service, and ordered Plaintiff to show 19 cause why this action should not be dismissed for failure to state a claim. Dkt. 6 (Show Cause 20 Order). Additionally, the Court deferred decision on Plaintiff’s IFP Application (Dkt. 5) and 21 advised Plaintiff that failure to respond to the Show Cause Order by the required deadline would 22 be deemed a failure to properly prosecute and may result in a recommendation this action be 23 dismissed. Dkt. 6 at 4. 24 1 The deadline for Plaintiff to respond to the Show Cause Order elapsed on August 4, 2 2025, with no response received from her. See docket. Accordingly, the undersigned 3 recommends that this action be DISMISSED without prejudice for failure to prosecute. It is 4 further recommended that Plaintiff’s IFP Application (Dkt. 5) be DENIED as moot.

5 Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), the parties 6 shall have fourteen (14) days from service of this report to file written objections. See also Fed. 7 R. Civ. P. 6. Failure to file objections will result in a waiver of those objections for purposes of 8 de novo review by the district judge, see 28 U.S.C. § 636(b)(1)(C), and can result in a waiver of 9 those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 142 (1985); Miranda 10 v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations omitted). Accommodating the time 11 limit imposed by Rule 72(b), the Clerk is directed to set the matter for consideration on August 12 29, 2025, as noted in the caption. 13 14 Dated this 14th day of August, 2025.

15 A 16 Grady J. Leupold 17 United States Magistrate Judge

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