Brennan v. Aston et al

Filing 225

ORDER DIRECTING CLERK TO RE-NOTE PLAINTIFF'S 220 MOTION FOR EXTENSION OF TIME for June 21, 2019. Signed by Hon. Michelle L. Peterson. (TH) (cc: Plaintiff via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RONALD BRENNAN JR.,
Plaintiff,

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v.
ANTHONY ASTON, et al.,

Case No. C17-1928-JCC-MLP
ORDER DIRECTING CLERK TO RENOTE PLAINTIFF’S MOTION FOR
EXTENSION OF TIME

Defendants.

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This is a 42 U.S.C. § 1983 prisoner civil rights action. The discovery deadline is currently

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June 28, 2019, and the dispositive motions deadline is July 29, 2019. (Dkt. # 218.) Defendant

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Hatchell’s and Defendants Machyo and Chavez’s separate motions for summary judgment (dkt.

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## 192, 193) have been re-noted to June 7, 2019 (dkt. # 218).

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On May 30, 2019, Plaintiff filed a motion for extension of all deadlines until November

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2019, asserting that because he has been temporarily transferred from the custody of the

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Department of Corrections (“DOC”) to the King County Jail, he does not have access to his legal

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files or research. (Dkt. # 220.) On June 3, 2019, however, Plaintiff filed an opposition to the

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pending motions for summary judgment. (Dkt. # 221.) On June 7, 2019, Defendant Hatchell filed

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an opposition to Plaintiff’s motion for extension of time, arguing that his motion should be

ORDER DIRECTING CLERK TO RE-NOTE
PLAINTIFF’S MOTION FOR EXTENSION OF
TIME - 1

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denied because his response to the motions for summary judgment demonstrate that he has

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sufficient ability to litigate while at the King County Jail. (Dkt. # 224.) Defendant Hatchell also

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argues that Plaintiff did not point to any specific item that he is missing that prevented him from

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appropriately responding to the motions for summary judgment. (Id.)

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Defendant Hatchell’s opposition brief was untimely. Under the Local Civil Rule 7(d)(2),

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his brief was due on Wednesday, June 5, 2019, but he did not file it until the noting date of

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Friday, June 7, 2019. Because Plaintiff did not have an opportunity to file a reply brief, the Court

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DIRECTS the Clerk to RE-NOTE Plaintiff’s motion for extension of time (dkt. # 220) for June

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21, 2019. Plaintiff should file a reply brief by June 21, 2019, that addresses the issues Defendant

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Hatchell raises and also explains to the Court how frequently he is able to access the law library

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at the King County Jail, what legal documents he currently has access to, and what documents he

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does not currently have access to that he believes are necessary to litigating this action.

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The Clerk also is directed to send copies of this order to the parties and to the Honorable
John C. Coughenour.
Dated this 11th day of June, 2019.

A

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MICHELLE L. PETERSON
United States Magistrate Judge

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ORDER DIRECTING CLERK TO RE-NOTE
PLAINTIFF’S MOTION FOR EXTENSION OF
TIME - 2