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Dawson-Phillips v. State

United States District Court, D. Colorado

January 26, 2015

DRED DAWSON-PHILLIPS, Plaintiff,
v.
STATE OF COLORADO, RICK RAEMISCH, ROGER WERHOLTZ, TONY CAROCHI, TOM CLEMENTS, ARISTEDES ZAVARIS, JOE ORTIZ, and JOHN SUTHERS, Defendants

Dred Dawson-Phillips, of others similarly situated, Plaintiff: Pro se, Canon City, CO.

For Rick Raemisch, Roger Werholtz, Aristedes Zavaris, Defendants: Nicole S. Gellar, LEAD ATTORNEY, Colorado Attorney General's Office, Denver, CO.

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

Boyd N. Boland, United States Magistrate Judge.

The plaintiff filed his Prisoner Complaint (the " Complaint") on November 25, 2014 [Doc. #1]. On December 5, 2014, the Clerk of the Court sent a request for waiver of service to defendant Tony Carochi at the Colorado Department of Corrections (" DOC") [Doc. #10]. Teresa Reynolds, Legal Assistant for the DOC, did not waive and accept service for Mr. Carochi because he no longer works for the DOC, [Doc. #12], but she provided Mr. Carochi's last known forwarding address [Doc. #14].

The Marshal was unable to serve Mr. Carochi at the address provided because he does not reside there [Doc. #19]. Consequently, I ordered the plaintiff to show cause in writing on or before February 5, 2015, why the Complaint should not be dismissed as against Mr. Carochi for failure to prosecute [Doc. #23]. See D.C.COLO.LCivR 41.1. I cautioned the plaintiff that failure to show cause on or before February 5, 2015, would result in my recommendation that the action be dismissed, without prejudice, as against Mr. Carochi for failure to prosecute. The plaintiff did not respond to the show cause order.

I respectfully RECOMMEND that the Complaint be dismissed without prejudice as against defendant Tony Carochi.[1]


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