King v. Whatcom County Deputies et al

Filing 42

ORDER granting Plaintiff's 41 Motion to Continue Deadlines. Plaintiff's Response to Defendants' 37 Motion for Summary Judgment is due 10/9/2017; Defendants' Reply due 10/13/2017. Plaintiff directed to notify the Court of any change of address within 10 days of the change. Signed by Hon. Brian A Tsuchida. **2 PAGE(S), PRINT ALL**(Robert King, Prisoner ID: 353170)(PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ROBERT L. KING,
Plaintiff,

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ORDER GRANTING MOTION TO
CONTINUE DEADLINES

v.
LT. STACH, et al.,
Defendants.

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CASE NO. C16-1420-JCC-BAT

Pro se plaintiff Robert L. King submitted a “Motion for Continuation” on June 29, 2017.

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Dkt. 41. The motion is unopposed. See generally Dkt. The Court GRANTS the motion as

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described below.

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Defendants moved the Court for summary judgment on June 21, 2017; the motion was

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properly noted for July 14, 2017. Dkt. 37. On June 29, 2017, plaintiff sought a 90 day extension

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because 1) he lost and/or misplaced property pertaining to this case in transport between the

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Washington State Penitentiary in Walla Walla and Whatcom County Jail on June 7, 2017; and 2)

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he has encountered difficulties accessing the law library due to conflicting mental health and

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other appointments required before his impending release from custody. Dkt. 41. The Court

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construes plaintiff’s motion as a motion to continue all pending deadlines. At the time plaintiff

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filed his motion on June 29, 2017, the only pending deadlines were those arising from

ORDER GRANTING MOTION TO
CONTINUE DEADLINES - 1

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defendants’ motion for summary judgment, imposed by Local Civil Rule 7(d). See Dkts. 22, 37;

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LCR 7(d). Accordingly, the Court GRANTS plaintiff’s request for an extension and ORDERS

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plaintiff to respond to defendants’ motion for summary judgment (Dkt. 37) no later than

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Monday, October 9, 2017. Defendants may file their reply no later than October 13, 2017.

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Plaintiff has indicated he will be eligible for release in the near future. Dkt. 41. The

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Court reminds plaintiff he must notify the Court of any change of address or telephone number

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within ten (10) days of the change. LCR 10(f). Additionally, if mail directed to a pro se plaintiff

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is returned, and if the plaintiff fails to notify the court and opposing parties of his current

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address, the Court may dismiss the action without prejudice. LCR 41(b)(2).

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The Clerk shall provide a copy of this Order to plaintiff and to counsel of record.

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DATED this 17th day of July, 2017.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER GRANTING MOTION TO
CONTINUE DEADLINES - 2