WINNINGHAM v. LYNNWOOD CITY MUNICIPAL COURT

Case No. C17-232 JCC-BAT.

ADAM JAMES WINNINGHAM, Petitioner, v. LYNNWOOD CITY MUNICIPAL COURT,

United States District Court, W.D. Washington, Seattle.

Editors Note
Applicable Law: 28 U.S.C. § 2254
Cause: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Adam James Winningham, Petitioner, Pro Se.


REPORT AND RECOMMENDATION

BRIAN A. TSUCHIDA, Magistrate Judge.

On February 15, 2017, plaintiff, Adam James Winningham, proceeding pro se, submitted a proposed 28 U.S.C. § 2254 habeas petition. Dkt. 1. Because he did not pay the filing fee or submit an application to proceed in forma pauperis (IFP), the clerk by letter dated February 17, 2017, advised plaintiff that he needed to either pay the filing fee or complete the IFP application the clerk enclosed by March 20, 2017. 2015. Dkt. 2. The clerk's letter also advised plaintiff if he failed to pay the filing fee or submit the IFP application by March 20, 2017, the case may be dismissed. On February 25, 2017, the letter the clerk sent plaintiff was returned as undeliverable, with a notation that plaintiff was no longer at the jail address he provided upon filing the action. Dkt. 4. Local Civil Rule ("LCR") 10(f) requires represented and unrepresented parties to notify the Court of any change of address or telephone number within 10 days of the change. LCR 41(b)(2) further provides:

A party proceeding pro se shall keep the court and opposing parties advised as to his current address. If mail directed to a pro se plaintiff by the clerk is returned by the Post Office, and if such plaintiff fails to notify the court and opposing parties within 60 days thereafter of his current address, the court may dismiss the action without prejudice for failure to prosecute.

To date, plaintiff has not notified the Court of his current address, and has not filed anything to further prosecute this action. Accordingly, the Court recommends DISMISSING this action without prejudice pursuant to Local Rule CR 41(b)(2) for failure to prosecute. A proposed order accompanies this Report and Recommendation.

Any objections to this Recommendation must be filed by May 8, 2017. The Clerk shall note the matter for Friday May 8, 2017 as ready for the District Judge's consideration if no objection is filed. Objections shall not exceed five (5) pages. The failure to timely object may affect the right to appeal.


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