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