Curtis v. Benda, et al.

Filing 266

ORDER by Judge Benjamin H Settle granting in part and denying in part 261 Motion for Extension of Time; denying 265 Motion to Stay. 262 MOTION for Leave to File Excess Pages, and 249 REPORT AND RECOMMENDATIONS re 191 MOTION for Summary Judgment Based on Qualified Immunity and Memorandum in Support Thereof filed by William E Riley are RENOTED to11/5/2012.(TG; cc mailed to plaintiff)

1
2
3

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

4
5

6 JAMES EDWARD CURTIS,
Plaintiff,

7

ORDER

v.

8

CASE NO. C08-5109 BHS

9 TERRY J. BENDA, et al.,
Defendants.

10
11
12
13
14
15
16
17
18
19
20
21
22

This matter comes before the Court on Plaintiff James Edward Curtis’s (“Curtis”)
motion for extension of time to file objections to the Magistrate Judge’s report and
recommendations (“R&R”) (Dkt. 261), motion for leave to file over-length objections
(Dkt. 262), and motion to stay all proceedings (Dkt. 265).
On August 29, 2012, the Court granted Curtis’s motion for an extension of time to
file objections to the report and recommendation. Dkt. 256. Curtis then requested a stay
of all proceedings because he was being transferred and was unsure whether his legal
material will be transferred as well. Dkt. 257. The Court concluded that Curtis failed to
show good cause for a complete stay of this proceeding (Dkt. 260) and concludes that he
again fails to do so in his current motion (Dkt. 265). Accordingly, his motion to stay all
proceedings (Dkt. 265) is DENIED.

ORDER - 1

1

In addition, Curtis seeks an additional extension of time of 60 days to file

2 objections to the R&R. The Court concludes that the motion for extension of time is
3 GRANTED to the extent that Curtis will be afforded an additional 30 days, to which
4 Defendants are not opposed, to file his objections to the R&R.
5

Finally, Curtis seeks leave of the Court to file overlength objections to the R&R

6 on his motion for 56(d) continuance. The Court RESERVES RULING on the motion
7 for leave in that the Court will decide what portion of the almost 300 pages of material is
8 relevant to the Court’s ruling on the R&R.
9

Accordingly, the R&R (Dkt. 249) and Curtis’s motion to file overlength objections

10 (Dkt. 262) are RENOTED to November 5, 2012.
11

IT IS SO ORDERED.

12

Dated this 15th day of October, 2012

A

13
14

BENJAMIN H. SETTLE
United States District Judge

15
16
17
18
19
20
21
22

ORDER - 2