Belmonte v. King County

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 DAVID L. BELMONTE, a/k/a DAMEAS SHIRUK DURANZAN, CASE NO. 2:24-cv-01761-DGE-GJL 11 Plaintiff, REPORT AND RECOMMENDATION 12 v. Noting Date: December 20, 2024 13 KING COUNTY, et al., 14 Defendants.

15 The District Court has referred this 42 U.S.C. § 1983 action to United States Magistrate 16 Judge Grady J. Leupold. Plaintiff Dameas Shiruk Duranzan, proceeding pro se, filed a Proposed 17 Complaint on October 23, 2024.1 Dkt. 1. Because Plaintiff failed to pay the filing fee or submit 18 an Application to Proceed In Forma Pauperis (IFP), the Clerk of Court sent him a letter advising 19 him to pay the filing fee or submit an IFP Application by November 29, 2024, or the case will be 20 dismissed. See Dkt. 2. 21 22 23 1 The Court notes that on October 23, 2024, Plaintiff filed numerous civil rights complaints in this Court. See Case 24 Nos. 2:24-cv-1760 to 2:24-cv-1767. 1 Plaintiff has not responded to the Clerk’s letter, and has neither paid the filing fee nor 2 submitted an IFP Application. As such, the Court recommends this case be DISMISSED 3 without prejudice. Further, as Plaintiff has not prosecuted this case, the Court finds an appeal 4 would not be taken in good faith.

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 12 December 20, 2024, as noted in the caption. 13 Dated this 6th day of December, 2024. 14 A 15 16 Grady J. Leupold United States Magistrate Judge 17 18 19 20 21 22 23 24