Williams v. Holbrook et al

Filing 12

ORDER DENYING MOTIONS. Denying 8 Motion to Reconsider and Reinstate the Complaint; denying 10 Motion to Withdraw Motion to Reconsider. File shall remain closed. Signed by Judge Stanley A Bastian. (SK, Case Administrator)**2 PAGES, PRINT ALL**(James Williams, Prisoner ID: 740600)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF WASHINGTON 8 9 10 JAMES WILLIAMS, 11 Plaintiff, 12 v. 4:16-cv-05158-SAB ORDER DENYING MOTIONS 13 14 SUPERINTENDENT HOLBROOK, et al., 15 Defendants. 16 17 By Order filed January 10, 2017 the Court dismissed this action pursuant to 18 Plaintiff’s request to withdraw his complaint, construing that request as a Motion 19 to Voluntarily Dismiss. ECF No. 6. Plaintiff is proceeding pro se in this action; 20 Defendants have not been served. The Court made no ruling regarding in forma 21 pauperis status in this case. 22 On January 18, 2017, Plaintiff filed a Motion to reconsider and reinstate his 23 complaint. ECF. No. 8. Then on February 6, 2017 Plaintiff filed a Motion to 24 Withdraw Motion to Reconsider. ECF No. 10. The motions were noted for hearing 25 on February 17, 2017 and March 8, 2017, respectively, and were considered 26 without oral argument on the date signed below. 27 In his most recent submission, Mr. Williams admits that his initial 28 complaint, consisting of 160 pages was “long, confusing and disorganized to the ORDER DENYING MOTIONS -- 1 1 point that it would be impossible for a judge to get a grasp of the events.” He 2 expresses a plan to rewrite his complaint to present a more comprehensible lawsuit, 3 and one which would excuse the preclusive effects of 28 U.S.C. § 1915(g). He asks 4 the Court to dismiss his Motion to Reconsider and he will re-file the lawsuit. 5 Accordingly, IT IS ORDERED that: 6 1. The Motion to Reconsider and Reinstate the Complaint, ECF No. 8, is 7 DENIED. 8 2. The Motion to Withdraw Motion to Reconsider, ECF No. 10 is DENIED. 9 IT IS SO ORDERED. The Clerk of Court shall enter this Order and 10 provide a copy to Plaintiff. The file shall remain closed. 11 DATED this 10th day of March, 2017. 12 13 14 15 16 Stanley A. Bastian 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28 ORDER DENYING MOTIONS -- 2

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