Silva v. Western State Hospital

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA 6 MARK ALLEN SILVA, Case No. 3:24-cv-05498-JCC-TLF 7 Plaintiff, v. REPORT AND 8 RECOMMENDATION WESTERN STATE HOSPITAL, et al., 9 AUGUST 23, 2024 Defendants. 10

11 On June 24, 2024, Plaintiff filed a proposed civil rights complaint under 42 U.S.C. 12 § 1983 and an application to proceed in forma pauperis (IFP). Dkt 1. On July 3, 2024, 13 the Court ordered Plaintiff to show cause why their complaint should not be dismissed 14 for failure to state a claim. Dkt. 4. Plaintiff had until July 30, 2024, to meet the Court’s 15 deadline. Id. 16 Plaintiff has not responded to the Court’s order to show cause to date. 17 Accordingly, the undersigned recommends that the Court DENY Plaintiff’s IFP 18 application (Dkt. 1) and dismiss the action without prejudice for failure to prosecute. 19 Pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b), the parties shall 20 have fourteen (14) days from service of this report to file written objections. See also 21 Fed. R. Civ. P. 6. Failure to file objections will result in a waiver of those objections for 22 purposes of de novo review by the district judge, see 28 U.S.C. § 636(b)(1)(C), and can 23 result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 24 1 U.S. 140, 142 (1985); Miranda v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations 2 omitted). Accommodating the time limit imposed by Fed. R. Civ. P. 72(b), the Clerk is 3 directed to set the matter for consideration on August 23, 2024, as noted in the 4 caption.

5 6 Dated this 8th day of August, 2024. 7 8 A 9 Theresa L. Fricke 10 United States Magistrate Judge

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