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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LEE PATRICK JOHNSON,
Plaintiff,

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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

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Defendants Sgt. Michael Allen, Captain Cline, and Deputy Prosecuting Attorney Joseph

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Marchesano. Dkt. 22. On May 30, 2017, the summons and complaint for Captain Cline were

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returned as undeliverable; marked “NOT HERE.” Dkt. 23. On June 15, 2017, in response to the

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Court’s Order, Defendants Allen and Marchesano advised that they possess no forwarding

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address for Captain Cline, and that no such person is presently employed or was employed by the

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Department of Adult and Juvenile Detention during the period at issue in this case. Dkt. 28.

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On June 19, 2017, the Court directed Plaintiff to provide a current service address for

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defendant Captain Cline by August 15, 2017. Dkt. 29. Plaintiff seeks a 45 day extension of that

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deadline, until September 29, 2017, to obtain and provide Defendant Clines’ address. Plaintiff

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has been hospitalized, transferred, and has not had access to his personal property. Dkt. 35.

ORDER GRANTING EXTENSION TO
PROVIDE ADDRESS OF DEFENDANT - 1

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Accordingly, it is ORDERED:

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1.

Plaintiff’s motion for extension (Dkt. 35) is GRANTED.

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2.

Plaintiff is directed to provide the Court with a current service address for

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defendant Captain Cline so the Court can again attempt service by mail. This address must be

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provided to the Court on or before September 29, 2017. If plaintiff is unable to provide the

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address, the Court will recommend that defendant Cline be dismissed from this case for lack of

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personal jurisdiction.

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3.

The Clerk shall send a copy of this Order to plaintiff and to counsel for

defendants.
DATED this 29th day of August, 2017.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER GRANTING EXTENSION TO
PROVIDE ADDRESS OF DEFENDANT - 2