Ayers v. Richard et al

Filing 187

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H Settle re 183 Report and Recommendations, 184 Objections to Report and Recommendation filed by Bobbie Cervantez, Walt Wienberg, Willie Stoddard, Becky Denny, Leslie Sziebert, Russell Boatman, Thomas Bell, Paul Tempowsky, Henri Richards. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA LENIER AYERS, Plaintiff, v. HENRY RICHARDS, et al., Defendants. Case No. C08-5390BHS ORDER OVERRULING DEFENDANTS' OBJECTIONS AND ADOPTING REPORT AND RECOMMENDATION

This matter comes before the Court on the Report and Recommendation of the Honorable Karen L. Strombom, United States Magistrate Judge (Dkt. 183), and Defendants' Objections to the Report and Recommendation (Dkt. 184). On September 22, 2009, Plaintiff filed his Third Motion for Previously Requested Public Disclosure. Dkt. 164. On October 5, 2009, Defendants filed a response and a motion for sanctions. Dkt. 167. On October 13, 2009, Plaintiff filed an affidavit. Dkt. 173. On October 20, 2009, Defendants replied. Dkt. 172. On November 16, 2009, the Magistrate Judge granted Defendants' motion for sanctions (Dkt. 167) and ordered Plaintiff to pay $500 into the court registry on or before January 8, 2010. Dkt. 180, at 5. The Magistrate Judge stayed the action pending payment of the sanction and informed Plaintiff that failure to pay the sanction on or before January 8, 2010, would result in a recommendation that this action be dismissed for failure to comply with a court order and as sanction for his conduct. Id., at 5-6. Plaintiff did not pay the

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sanction. Accordingly, the Magistrate Judge recommended that Plaintiff's case be dismissed without prejudice for failure to comply with the court's order. Dkt. 183. On January 19, 2010, Defendants objected (Dkt. 184) to the Magistrate Judge's Report and Recommendation (Dkt. 183). Courts have the inherent power to impose sanctions in response to abusive litigation practices. See Chambers v. NASCO, Inc., 501 U.S. 32, 43-44, 111 S. Ct. 2123, 115 L. Ed. 2d 27 (1991). A movant's signature on a pleading is an indication that a motion is brought in good faith and is not designed to needlessly increase the cost of litigation. Fed. R. Civ. P. 11. Failure to comply with Rule 11 may result in sanctions. Id. Moreover, courts may impose sanctions when a party acts in bad faith, vexatiously, wantonly, or for oppressive reasons. Chambers v. Nasco, Inc., 501 U.S. at 45-46. In this case, the Magistrate Judge found (1) that Plaintiff's Third Motion was a repetitive motion that lacked any basis in law or fact (Dkt. 180); (2) that Plaintiff's accusations of unprofessional and illegal behavior by counsel for Defendants had no basis in fact (Dkt. 139); and (3) that Plaintiff was repeatedly admonished to refrain from filing pleadings without following the civil rules and was advised that sanctions, including dismissal, might result (Dkt. 159). Even if not explicitly stated in the Magistrate Judge's order granting motion for sanctions (Dkt. 183), this Court finds ample grounds to conclude that Plaintiff acted in bad faith by bringing three repetitive baseless motions. Defendants object to the Report and Recommendation on the basis that this matter should be dismissed with prejudice, or in the alternative, that the Court should rule on the merits of Defendants' motion for summary judgment (Dkt. 175). Dkt. 184. While the Court is sympathetic to Defendants' position, dismissal with prejudice is too severe and the Court does not find that reaching the merits is appropriate at this time. Instead, the Court adopts the Magistrate Judge's Report and Recommendation (Dkt. 183) with the following modification: In the event Plaintiff renews his claim against Defendants, Plaintiff must pay the $500 sanction at the time of filing his complaint.
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The Court having considered the Report and Recommendation, Defendants' objections, and the remaining record, does hereby find and order: (1) (2) (3) The Court OVERRULES Defendants' Objections; The Court adopts the Report and Recommendation with modification; and This action is DISMISSED WITHOUT PREJUDICE because Plaintiff

failed to comply with the Magistrate Judge's order as discussed herein. DATED this 3rd day of March, 2010.

A

BENJAMIN H. SETTLE United States District Judge

ORDER ­ 3