Denton v. Figueroga et al

Filing 59

ORDER denying 55 Motion for Extension of Time to find a new attorney; and denying 58 Motion for Extension of Time to find a new attorney. Signed by Magistrate Judge J Richard Creatura.(CMG; cc to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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THOMAS DENTON,

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Plaintiff,
v.

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FRED FIGUEROGA et al.,

CASE NO. C10-1966 RJB-JRC
ORDER DENYING PLAINTIFF’S
MOTIONS FOR AN EXTENSION OF
TIME TO FIND AN ATTORNEY

Defendants.

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The district court has referred this 42 U.S.C. §1983 civil rights matter to the undersigned

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17 Magistrate Judge pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and Local Magistrate Judge
18 Rules MJR 1, MJR 3, and MJR 4. Plaintiff has filed two motions asking the Court to grant him
19 an extension of time to find replacement counsel for Mr. Sutherland, who the court allowed to
20 withdraw from the case (ECF Nos. 55 and 58). The motions are identical. The motions are
21 denied.
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Defendants responded to the first motion for an extension of time. Defendants state that

23 they do not oppose “a brief extension of time,” but they make clear that they do oppose
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ORDER DENYING PLAINTIFF’S MOTIONS FOR
AN EXTENSION OF TIME TO FIND AN
ATTORNEY - 1

1 additional continuances in connection with such a request (ECF No. 56). This case is languishing
2 as a result of repeated stipulations for continuances (ECF Nos. 21, 27, 35, 39).
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In his motions for an extension of time, plaintiff states that “Mr. Sutherland has not given

4 [plaintiff] copies of all outstanding discovery or a copy of the complaint as the court ordered him
5 to before he was to withdraw.” Fed. R. Civ. P. 7(b) allows the Court to issue orders based on
6 motions brought by a party. If plaintiff is requesting that the Court take some action, he needs to
7 file a motion advising the Court what action he believes is appropriate. The current motions for
8 an extension of time do not make any such request. The current motions for continuance (ECF
9 Nos. 55 and 58) are denied.
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Dated this 28th day of June, 2012.

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A
J. Richard Creatura
United States Magistrate Judge

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ORDER DENYING PLAINTIFF’S MOTIONS FOR
AN EXTENSION OF TIME TO FIND AN
ATTORNEY - 2