Davis et al v. Hayes et al
ORDER granting in part Plaintiff's 110 Motion for Extension of Time to Respond to Motion for Summary Judgment (Dkt. No. 81 ). Plaintiff shall file his response to Defendants' motion for summary judgment by March 5, 2018. Defendants may file their reply by March 9, 2018. The Clerk is directed to re-note Defendants' motion for March 9, 2018. Signed by Hon. Brian A Tsuchida. **2 PAGE(S), PRINT ALL**(Keith Davis, Prisoner ID: 936379) (TH)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
KEITH ADAIR DAVIS,
Case No. 2:16-cv-01709-RSM-BAT
ORDER GRANTING SECOND
REQUEST FOR EXTENSION
WILLIAM HAYES, et al.,
On December 21, 2017, Defendants Bliss, Elerick, Gorman, and McKindry filed a
motion for summary judgment, which was noted for January 12, 2018. Dkt. 81. On January 5,
2018, Plaintiff Keith Davis requested a thirty day extension of his deadline to file his response.
Dkt. 99. Plaintiff requested the extension because he was transferred on December 15, 2017 to
another DOC facility and had not yet received his legal materials. Dkt. 99. Defendants did not
oppose the extension (Dkt. 103) and the Court granted the extension. Dkt. 104.
Plaintiff now seeks a sixty day extension of his deadline. Dkt. 110. Plaintiff claims he
requires this additional time because (1) he was denied discovery; (2) he has not received his
files for this case although he has filed two grievances requesting his property; (3) he is currently
housed in the hospital where he has no access to a law library; (4) his health is “debilitating” and
he has several procedures and surgery currently scheduled. Dkt. 110 at 3-4.
The Court has previously addressed Mr. Davis’ concerns about discovery. The record
ORDER GRANTING SECOND REQUEST FOR EXTENSION - 1
1 reflects and Mr. Davis confirms, that he has received approximately 2500 pages of documents,
2 including copies of his medical records, defendants’ disciplinary history; relevant DAJD
3 policies, and copies of his grievances. The time for discovery has passed and the Court has
4 already declined Mr. Davis’ motions to extend the discovery deadline.
However, based on Mr. Davis’ claims that he may need additional time due to health
6 issues, the Court will grant him an additional thirty days from the date he filed his motion. No
7 further extensions will be granted.
Accordingly, it is ORDERED:
1) Plaintiff’s motion for extension (Dkt. 110) is GRANTED in part; Plaintiff shall file
10 his response to Defendants’ motion for summary judgment by March 5, 2018. Defendants may
11 file their reply by March 9, 2018.
2) The Clerk is directed to re-note Defendants’ motion for March 9, 2018 and to send a
13 copy of this Order to the parties.
DATED this 15th day of February, 2018.
BRIAN A. TSUCHIDA
United States Magistrate Judge
ORDER GRANTING SECOND REQUEST FOR EXTENSION - 2
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