Romero v. Snohomish County Correctional Facility

Filing 14

ORDER DENYING REQUEST FOR DISCOVERY AND GRANTING COPY OF NEGLIGENCE CLAIM by Hon. Brian A Tsuchida. (Dkt. 10 mailed to Plaintiff via USPS, cc: RSL) (AE)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CARL ROBERT ROMERO,
Plaintiff,

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v.

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SNOHOMISH COUNTY
CORRECTIONAL FACILITY, et. al.,

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CASE NO. C17-1052 RSL-BAT
ORDER DENYING REQUEST FOR
DISCOVERY AND GRANTING
COPY OF NEGLIGENCE CLAIM

Defendants.

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Carl Robert Romero seeks to proceed pro se on a “Civil Order Negligence Claim.” Dkt. 10.

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Because the claim is deficient and Mr. Romero has not submitted a complete in forma pauperis

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(“IFP”) application, the Court ordered him to provide a copy of his prison trust account statement

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in support of his IFP application and to cure his deficient claim by November 27, 2017. Dkt. 12.

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In response, Mr. Romero filed a “Demand for Discovery.” Dkt. 13. The Court has reviewed the

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Demand and ORDERS:

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1.

The demand for discovery, an investigator and a copy of the Rules is DENIED.

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Discovery is information exchanged between Mr. Romero and defendant. It is not information

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the Court provides. Defendant has not yet been served and requests for discovery are thus

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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

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investigator. And lastly, the Court does not provide legal resources to a plaintiff in a civil case

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and thus declines to provide copies of the Rules that Mr. Romero requests.

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2.

Mr. Romero requests a copy of the negligence claim he filed, Dkt. 10. The Clerk

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shall provide him a copy of the claim. The Court does this in this limited instance so Mr. Romero

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can amend the deficient claim.

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3.

In order to proceed IFP, Mr. Romero must provide the Court as previously

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directed with a certified copy of his prison or jail trust account statement showing transactions

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for the last six months by November 27, 2017. The failure to do so may result in a dismissal of

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the case.

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4.

Mr. Romero must also cure the deficient “Civil Order Negligence Claim.” Dkt.

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10. The Court has informed Mr. Romero his negligence claim lacks enough information for the

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case to go forward. Therefore, he must file an amended claim. If Mr. Romero does not file an

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amended claim, using the case number assigned here (17-1052-RSL) by November 27, 2016, the

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case may be dismissed. Mr. Romero should note that he must place all complaints he wishes the

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court to consider in the amended claim and that the amended claim will replace all prior

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complaints filed in the case―that is the Court will only consider the complaints contained in the

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amended negligence claim.

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The Clerk shall provide a copy of this order to plaintiff and the assigned District Judge.

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DATED this 16th day of November, 2017.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER DENYING REQUEST FOR
DISCOVERY AND GRANTING COPY OF
NEGLIGENCE CLAIM - 2