Williams v. Gage et al

Filing 31

ORDER ADOPTING 28 REPORT AND RECOMMENDATION; denying defendants' motion to dismiss for failure to comply with FRCP 8(a)(2) (dkt. 26 ); granting defendants' motion for a more definite statement (dkt. 26 ). Plaintiff must file an Amended Complaint no later than 21 days after the date of this Order. The Court DENIES at this time defendants' motion to consolidate this case with C18-46-RAJ-BAT and C18-218-JCC-MAT. Signed by Judge Robert S. Lasnik. (Attachments: # 1 Prisoner Civil Rights Complaint Form)**7 PAGE(S), PRINT NEF ONLY**(James Williams, Prisoner ID: 740600)(SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JAMES ANTHONY WILLIAMS,

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Plaintiff,

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BRUCE C. GAGE, et al.,
Defendants.

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ORDER ADOPTING REPORT AND
RECOMMENDATION

v.

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CASE NO. C18-183 RSL-BAT

The Court, having reviewed Plaintiff’s complaint, defendants’ motion to dismiss or for a

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more definite statement, the Report and Recommendation of the Honorable Brian A. Tsuchida,

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United States Magistrate Judge, and the remaining record, does hereby find and ORDER:

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(1)

The Court ADOPTS the Report and Recommendation.

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(2)

Defendants’ motion to dismiss for failure to comply with Federal Rule of Civil
Procedure 8(a)(2), Dkt. 26, is DENIED.

(3)

Defendants’ motion for a more definite statement under Federal Rule 12(e), Dkt. 26, is
GRANTED. Plaintiff’s Amended Complaint should contained numbered paragraphs
and include the following information:
a. The name of each defendant and the accusations against him or her;
b. The approximate date, including the year, that these events occurred;
c. Exhibits, if submitted, related only to the individuals and incidents named in the
Amended Complaint.

(4)

Plaintiff must file an Amended Complaint no later than 21 days after the date of this
Order. The Clerk is DIRECTED to provide plaintiff with the necessary complaint
forms. Plaintiff is forewarned that failure to file a timely Amended Complaint may

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ORDER ADOPTING REPORT AND
RECOMMENDATION - 1

subject this matter to dismissal without prejudice for failure to comply with a court
order and failure to prosecute.

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(5)

The Court DENIES at this time defendants’ motion to consolidate this case with C1846-RAJ-BAT and C18-218-JCC-MAT. Defendants may renew their motion to
consolidate after the Court has resolved any dispositive motions on the Amended
Complaint.

(6)

This case remains referred to Judge Tsuchida for pretrial proceedings.

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Dated this 2nd day of October, 2018.

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A
ROBERT S. LASNIK

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United States District Judge

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ORDER ADOPTING REPORT AND
RECOMMENDATION - 2