Cunningham v. Department of Corrections State of Washington et al

Filing 23

ORDER DENYING MOTION FOR SUMMARY JUDGMENT 7 and 9 . Signed by Judge Salvador Mendoza, Jr. (VR, Courtroom Deputy)**2 PAGE(S), PRINT ALL**(Aaron Cunningham, Prisoner ID: 734851)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Nov 21, 2017
SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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AARON JOSEPH CUNNINGHAM ,
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NO: 4:17-CV-05087-SMJ
Plaintiff,

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ORDER DENYING MOTION FOR
SUMMARY JUDGMENT

v.
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DEA OFFICER JOHN DOES 1 and 2,
CC2 CASEY POTTS, CC2 G.
ROBINSON, CC2 MEDUDIS, CC2
M.S. ODEM, CC2 JAMES ROGERS,
UM T. MINK, AA2 RACHEL
SMITH, LT. M. BATES, CPM
LONNIE ROBERTS,
SUPERINTENDENT DON
HOLBROOK, C/O PIERCE, C/O K.
WALKER, and THE DEPARTMENT
OF CORRECTIONS,

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Defendants.
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BEFORE THE COURT without oral argument is Plaintiff’s Motion for

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Summary Judgment, ECF Nos. 7 and 9. An initial, unsigned version was received

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on August 2, 2017. A signed version was received on August 4, 2017, as well as

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the signed signature page sent to Plaintiff with a deficiency notice on August 2,

ORDER DENYING MOTION FOR SUMMARY JUDGMENT -- 1

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2017, ECF No. 10. Plaintiff also submitted a letter and exhibits in support of his

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Motion. ECF Nos. 11 and 12.

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Plaintiff is proceeding pro se and in forma pauperis. Defendants have not

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been served in this action and are not required to file an answer to Plaintiff’s

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complaint or to respond to his motions.

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By separate Order the Court has advised Plaintiff of the deficiencies of his

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Complaint and directed him to amend or voluntarily dismiss. Therefore, his

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Motion for Summary Judgment is premature. Accordingly, the Motion, ECF Nos.

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7 and 9, is DENIED.

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IT IS SO ORDERED. The Clerk of Court is DIRECTED to enter this
Order and forward a copy to Plaintiff.
DATED this 21st day of November 2017.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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ORDER DENYING MOTION FOR SUMMARY JUDGMENT -- 2