Holtz v. Phillips et al

Filing 187

ORDER DENYING MR. HOLTZ'S MOTION FOR STAY/EXTENSION OF TIME AND TEMPORARY RESTRAINING ORDER, AND CAUTIONING MR. HOLTZ, denying as moot 183 Motion for Stay/Extension of Time and TRO Injunction. Signed by Senior Judge Edward F. Shea. (SK, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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RONALD HOLTZ,
Plaintiff,

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v.

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No.

JOELLA PHILLIPS, Physician
Assistant; PETER BECK, MSW, M-Div,
Mental Health Program Manager;
WASHINGTON DEPARTMENT OF
CORRECTIONS, SECRETARY BERNARD
WARNER, ACTING ASSISTANT SECRETARY
KEVIN BOVENKAMP, DEPUTY DIRECTOR
SCOTT R. FRAKES, (DOC)
MANAGER/MEDICAL DIRECTOR ROY
GONZALEZ, (DOC) HEALTH CARE MANAGER
MARY JOE CURREY, COYOTE RIDGE
CORRECTIONS CENTER, SUPERINTENDENT
JEFFREY UTTEHT, HEALTH CARE MANAGER
DARREN CHLIPALA, DR. B. RODRIGUEZ,
PSYCHIATRIST DR. MICHAEL REZNICEK,
WASHINGTON STATE PENITENTIARY,
SUPERINTENDENT, STEVEN SINCLAR,
MEDICAL DIRECTOR JAMES EDWARDS, DR.
F. SMITH, MENTAL HEALTH PHYSICIAN
MELANIE HOWARD, AMERICAN
DISABILITIES SPECIALIST HOLLY
DE/CAMBRE (DOC), in official and
individual capacities, CHIEF MEDICAL
OFFICER G. STEVEN HAMMOND, PH.D.,

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4:CV-14-5018-EFS

ORDER DENYING MR. HOLTZ’S MOTION
FOR STAY/EXTENSION OF TIME AND
TEMPORARY RESTRAINING ORDER, AND
CAUTIONING MR. HOLTZ

Defendants.

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On April 14, 2015, the Court directed Plaintiff Ronald Holtz to
provide the Court with his updated contact information no later than
April 24, 2015, if he had been released from state custody.

ORDER - 1

ECF No.

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185.

As of the date of this Order, the Court has not received a

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responsive

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Defendants filed a notice on April 16, 2015, advising that Mr. Holtz

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had been released from state custody on April 5, 2015, and that he is

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now under community supervision.

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Court with the Mr. Holtz’s last reported address to the Department of

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Corrections.

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current address and will send documents to that address, absent an

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address correction being filed by Mr. Holtz.

filing

or

updated

contact

information

ECF No. 186.

from

Mr.

Holtz.

Defendants provided the

The Court accepts this reported address as Mr. Holtz’s

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The Court cautions Mr. Holtz that failure to notify the Court as

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to any change in address or contact information, or failure to respond

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to Court orders, can result in dismissal of this lawsuit for failure to

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prosecute or imposition of other sanctions.

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L.R. 83.3(i); Link v. Wabash R.R. Co., 370 U.S. 626, 629-30 (1962)

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(recognizing the district court’s authority to dismiss a lawsuit because

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of the plaintiff’s failure to prosecute the lawsuit).

See Fed. R. Civ. P. 41(b);

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Also, before the Court is Mr. Holtz’s Motion for Stay/Extension

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of Time and Temporary Restraining Order/Injunction, ECF No. 183, which

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seeks relief relating to Mr. Holtz’s earned-time credit, to law-library

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access, and from Scheduling Order deadlines because of his asserted

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difficulties with preparing the case while in prison—all matters that

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pertain to Mr. Holtz’s prior incarceration.

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released, the Court denies as moot his motion.

Because Mr. Holtz has been

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For the above reasons, IT IS HEREBY ORDERED:

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1.

Mr. Holtz’s Motion for Stay/Extension of Time and Temporary
Restraining Order/Injunction, ECF No. 183, is DENIED AS MOOT.

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ORDER - 2

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East 57th, Tacoma, WA 98404.

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The Clerk’s Office shall update Mr. Holtz’s address to 2011

IT IS SO ORDERED.

The Clerk’s Office is directed to enter this

Order and forward a copy to Mr. Holtz and counsel.
DATED this 28th

day of April 2015.

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_____
____ ______
____
_____
___________
EDWARD F. SHEA
F
Senior United States District Judge

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Q:\EFS\Civil\2014\5018.deny.stay.address.lc1.docx

ORDER - 3