Corey v. Snohomish County Corrections Bureau

Filing 25

ORDER denying Plaintiff's 24 Motion to Reopen Case signed by U.S. District Judge John C Coughenour. (TH) (cc: Plaintiff via first class mail)

THE HONORABLE JOHN C. COUGHENOUR

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

DANIEL J. COREY,

10

CASE NO. C17-0704-JCC
Plaintiff,

ORDER

v.

11

NIKKIE BEHNER, et al.,

12
13

Defendant.

14
15

This matter comes before the Court on Plaintiff’s motion to re-open (Dkt. No. 24). The

16

Court administratively closed and dismissed Plaintiff’s case without prejudice on December 6,

17

2016 for lack of prosecution (Dkt. No. 15.) Plaintiff asks the Court to re-open so that he may

18

access Snohomish County Corrections’ law library to research his case. Law library access is not

19

a sufficient basis to re-open Plaintiff’s case. See Fed. R. Civ. P. 60(b). But because the Court

20

dismissed Plaintiff’s case without prejudice, Plaintiff can file another complaint on the same

21

claims, so long as those claims are not precluded by the statute of limitations, which is normally

22

three years. See Wash. Rev. Code § 4.16.080(2); Cabrera v. City of Huntington Park, 159 F.3d

23

374, 379 (9th Cir. 1998).

24

For the foregoing reasons, Plaintiff’s motion (Dkt. No. 24) is DENIED.

25

//

26

//
ORDER
C17-0704-JCC
PAGE - 1

1

DATED this 20th day of February 2018.

A

2
3
4

John C. Coughenour
UNITED STATES DISTRICT JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDER
C17-0704-JCC
PAGE - 2