McVeigh v. Pierce County

Opinion

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5 UNITED STATES DISTRICT COURT AT TACOMA 7 WILLIAM LUCAS MCVEIGH, CASE NO. C23-5902 BHS 8 Plaintiff, ORDER ADOPTING REPORT 9 v. AND RECOMMENDATION 11 Defendant. 12

13 This matter is before the Court on Magistrate Judge Theresa L. Fricke’s Report 14 and Recommendation (R&R), Dkt. 12, recommending that the Court deny pro se Plaintiff 15 William McVeigh’s application to proceed in forma pauperis and dismiss this action 16 without prejudice for failure to prosecute. Id. at 2. Judge Fricke explains that McVeigh 17 did not respond to the two previous orders to either show cause why this case should not 18 be dismissed for failure to state a claim or file an amended complaint. See Dkts. 8, 10. 19 Copies of those orders were mailed to McVeigh’s address on file and returned to the 20 Court as undeliverable. Dkts. 9, 11. 21 A district court “shall make a de novo determination of those portions of the report 22 or specified proposed finding or recommendations to which objection is made.” 28 1 U.S.C. § 636(b)(1)(C) (emphasis added); accord Fed. R. Civ. P. 72(b)(3). “The statute 2 makes it clear that the district judge must review the magistrate judge’s findings and

3 recommendations de novo if objection is made, but not otherwise.” United States v. 4 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). A proper objection requires 5 “specific written objections to the proposed findings and recommendations” in the R&R. 6 Fed. R. Civ. P. 72(b)(2). 7 The R&R was mailed to McVeigh’s address on file and returned to the Court as 8 undeliverable. Dkt. 13. Under this District’s local rules, a party must apprise the Court of

9 any changes in address. See Local Rules, W.D. Wash., LCR 10(f). Because McVeigh has 10 failed to do so and has not objected to the R&R, the R&R, Dkt. 12, is ADOPTED, 11 McVeigh’s application to proceed in forma pauperis, Dkt. 5, is DENIED, and this matter 12 is DISMISSED without prejudice for failure to prosecute. 13 The Clerk shall enter JUDGMENT and close this case.

14 Dated this 2nd day of April, 2024. 15 A 16 17 BENJAMIN H. SETTLE 18 United States District Judge

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