Johnson v. Allen et al

Filing 36

ORDER granting Plaintiff's 35 Motion for Extension. Plaintiff directed to provide the Court with a current service address for defendant Captain Cline by 9/29/2017, signed by Hon. Brian A Tsuchida. **2 PAGE(S), PRINT ALL**(Lee Johnson, Prisoner ID: 334101)(PM)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 LEE PATRICK JOHNSON, Plaintiff, 9 10 11 12 13 v. MICHAEL ALLEN, et al., CASE NO. C17-389-JLR-BAT ORDER GRANTING EXTENSION TO PROVIDE ADDRESS OF DEFENDANT Defendants. On May 19, 2017, this Court directed service of the summons and complaint upon 14 Defendants Sgt. Michael Allen, Captain Cline, and Deputy Prosecuting Attorney Joseph 15 Marchesano. Dkt. 22. On May 30, 2017, the summons and complaint for Captain Cline were 16 returned as undeliverable; marked “NOT HERE.” Dkt. 23. On June 15, 2017, in response to the 17 Court’s Order, Defendants Allen and Marchesano advised that they possess no forwarding 18 address for Captain Cline, and that no such person is presently employed or was employed by the 19 Department of Adult and Juvenile Detention during the period at issue in this case. Dkt. 28. 20 On June 19, 2017, the Court directed Plaintiff to provide a current service address for 21 defendant Captain Cline by August 15, 2017. Dkt. 29. Plaintiff seeks a 45 day extension of that 22 deadline, until September 29, 2017, to obtain and provide Defendant Clines’ address. Plaintiff 23 has been hospitalized, transferred, and has not had access to his personal property. Dkt. 35. ORDER GRANTING EXTENSION TO PROVIDE ADDRESS OF DEFENDANT - 1 1 Accordingly, it is ORDERED: 2 1. Plaintiff’s motion for extension (Dkt. 35) is GRANTED. 3 2. Plaintiff is directed to provide the Court with a current service address for 4 defendant Captain Cline so the Court can again attempt service by mail. This address must be 5 provided to the Court on or before September 29, 2017. If plaintiff is unable to provide the 6 address, the Court will recommend that defendant Cline be dismissed from this case for lack of 7 personal jurisdiction. 8 9 10 3. The Clerk shall send a copy of this Order to plaintiff and to counsel for defendants. DATED this 29th day of August, 2017. 11 A 12 BRIAN A. TSUCHIDA United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 ORDER GRANTING EXTENSION TO PROVIDE ADDRESS OF DEFENDANT - 2

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