White v. Ewert

Filing 14

ORDER GRANTING MOTION FOR EXENSION OF TIME TO AMEND OR VOLUNTARILY DISMISS AND REJECTING REPORT AND RECOMMENDATION; rejecting ECF No. 11 Report and Recommendation; granting ECF No. 13 Construed Motion for Extension of Time to Amend. Amen d or File Voluntary Dismissal due within 30 days of the date of this order. Signed by Judge Salvador Mendoza, Jr. (Attachments: # 1 ECF No. 7 Order Directing Plaintiff to Amend or File a Motion for Voluntary Dismissal, # 2 Civil Rights Complaint Form) (TR, Case Administrator)**24 PAGE(S), PRINT ALL**(Donald White, Prisoner ID: 308364)

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1 2 FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 Mar 21, 2017 SEAN F. MCAVOY, CLERK 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 DONALD WHITE, JR., 7 NO: 4:16-CV-5122-SMJ Plaintiff, 8 ORDER GRANTING MOTION FOR EXTENSION OF TIME TO AMEND OR VOLUNTARILY DISMISS AND REJECTING REPORT AND RECOMMENDATION v. 9 10 BRIAN EWERT, Defendants. 11 12 On March 1, 2017, Magistrate Judge Dimke recommended this action be 13 dismissed, ECF No. 11. Mr. White had not complied with the prior Order to 14 Amend or Voluntarily Dismiss, ECF No. 7, and he had not sought a further 15 extension of time to do so. 16 Plaintiff had commenced this action while housed at the Washington State 17 Penitentiary. ECF No. 1 at 1. He is now incarcerated at the Stafford Creek 18 Corrections Center. ECF No. 13 at 1. By letter received on March 17, 2017, 19 Plaintiff advised that he has been in the hospital of three correctional facilities 20 ORDER GRANTING MOTION FOR EXTENSION OF TIME TO AMEND OR VOLUNTARILY DISMISS AND REJECTING REPORT AND RECOMMENDATION --1 1 since September 2016, and was transferred to a facility in the Western District of 2 Washington on February 20, 2017. Id. He indicates that he did not receive the 3 Report and Recommendation issued on March 1, 2017, until March 10, 2017, and 4 he attaches it to this letter. Plaintiff should refrain from sending to the Court 5 documents which are already part of the court record. 6 Because Plaintiff is proceeding pro se and in forma pauperis, the Court will 7 liberally construe his letter as Motion for Extension of Time to comply with the 8 Order to Amend or Voluntarily Dismiss. ECF No. 13. Plaintiff asserts that when 9 he was close to amending his case at the Airway Heights Corrections Center, his 10 legal paper work was taken away. He complains that he is currently not allowed a 11 pen and it appears that an officer may have drafted the letter received on March 17, 12 2017. ECF No. 13 at 1. 13 The decision to grant an extension of time is discretionary with the Court. 14 Fed. R. Civ. P. 6(b). For good cause shown, IT IS ORDERED the Motion, ECF 15 No. 13, is GRANTED, and the Report and Recommendation to dismiss, ECF No. 16 11, is REJECTED so that Plaintiff may have the opportunity to amend or 17 voluntarily dismiss. 18 Plaintiff shall comply with the Order to Amend or Voluntarily Dismiss, ECF 19 No. 7, within thirty (30) days of the Date of this Order. Failure to do so will be 20 construed as his consent to dismissal as set forth in that Order. ORDER GRANTING MOTION FOR EXTENSION OF TIME TO AMEND OR VOLUNTARILY DISMISS AND REJECTING REPORT AND RECOMMENDATION --2 1 IT IS SO ORDERED. The Clerk of Court shall: (1) enter this Order; (2) 2 forward a copy of this Order to Plaintiff, re-note the deadline to comply with the 3 Order to Amend or Voluntarily Dismiss to within thirty (30) days of the date this 4 Order is entered; and (3) provide Plaintiff a copy of the Order to Amend or 5 Voluntarily Dismiss, ECF No. 7, along with a form Motion to Voluntarily Dismiss 6 and a Civil Rights Complaint form. 7 DATED this 21st day of March 2017. 8 9 __________________________ SALVADOR MENDOZA, JR. United States District Judge 10 11 12 13 14 15 16 17 18 19 20 ORDER GRANTING MOTION FOR EXTENSION OF TIME TO AMEND OR VOLUNTARILY DISMISS AND REJECTING REPORT AND RECOMMENDATION --3

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