Romero v. Snohomish County Correctional Facility

Filing 14


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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 CARL ROBERT ROMERO, Plaintiff, 9 v. 10 11 SNOHOMISH COUNTY CORRECTIONAL FACILITY, et. al., 12 CASE NO. C17-1052 RSL-BAT ORDER DENYING REQUEST FOR DISCOVERY AND GRANTING COPY OF NEGLIGENCE CLAIM Defendants. 13 14 Carl Robert Romero seeks to proceed pro se on a “Civil Order Negligence Claim.” Dkt. 10. 15 Because the claim is deficient and Mr. Romero has not submitted a complete in forma pauperis 16 (“IFP”) application, the Court ordered him to provide a copy of his prison trust account statement 17 in support of his IFP application and to cure his deficient claim by November 27, 2017. Dkt. 12. 18 In response, Mr. Romero filed a “Demand for Discovery.” Dkt. 13. The Court has reviewed the 19 Demand and ORDERS: 20 1. The demand for discovery, an investigator and a copy of the Rules is DENIED. 21 Discovery is information exchanged between Mr. Romero and defendant. It is not information 22 the Court provides. Defendant has not yet been served and requests for discovery are thus 23 premature. A plaintiff in a civil case is not entitled to be provided with free services, such as an ORDER DENYING REQUEST FOR DISCOVERY AND GRANTING COPY OF NEGLIGENCE CLAIM - 1 1 investigator. And lastly, the Court does not provide legal resources to a plaintiff in a civil case 2 and thus declines to provide copies of the Rules that Mr. Romero requests. 3 2. Mr. Romero requests a copy of the negligence claim he filed, Dkt. 10. The Clerk 4 shall provide him a copy of the claim. The Court does this in this limited instance so Mr. Romero 5 can amend the deficient claim. 6 3. In order to proceed IFP, Mr. Romero must provide the Court as previously 7 directed with a certified copy of his prison or jail trust account statement showing transactions 8 for the last six months by November 27, 2017. The failure to do so may result in a dismissal of 9 the case. 10 4. Mr. Romero must also cure the deficient “Civil Order Negligence Claim.” Dkt. 11 10. The Court has informed Mr. Romero his negligence claim lacks enough information for the 12 case to go forward. Therefore, he must file an amended claim. If Mr. Romero does not file an 13 amended claim, using the case number assigned here (17-1052-RSL) by November 27, 2016, the 14 case may be dismissed. Mr. Romero should note that he must place all complaints he wishes the 15 court to consider in the amended claim and that the amended claim will replace all prior 16 complaints filed in the case―that is the Court will only consider the complaints contained in the 17 amended negligence claim. 18 The Clerk shall provide a copy of this order to plaintiff and the assigned District Judge. 19 DATED this 16th day of November, 2017. 20 A 21 BRIAN A. TSUCHIDA United States Magistrate Judge 22 23 ORDER DENYING REQUEST FOR DISCOVERY AND GRANTING COPY OF NEGLIGENCE CLAIM - 2

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