Wheeler v. Attorney General's Office et al

Filing 34

ORDER denying 31 Motion to Strike signed by Magistrate Judge J Richard Creatura.(MET) cc: plaintiff

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 11 12 RODNEY CARL WHEELER, 13 14 15 16 Plaintiff, v. ATTORNEY GENERAL'S OFFICE et al. CASE NO. C11-5311-RBL-JRC ORDER DENYING PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S MOTION TO DISMISS Defendants. 17 18 This 42 U.S.C. §1983 civil rights matter, has been referred to the undersigned Magistrate 19 Judge pursuant to 28 U.S.C. §§ 636(b)(1)(A) and (B) and Local Magistrate Judges Rules MJR 1, 20 MJR 3, and MJR 4. The sole remaining defendant in this action, the Thurston County 21 Prosecutors Office, has filed a motion to dismiss the action as time barred (ECF No. 29). 22 Plaintiff asks that the motion be struck from the calendar as the papers were not signed (ECF No. 23 31). The motion was electronically filed and the signature line contains the symbol “/S/”(ECF 24 ORDER DENYING PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S MOTION TO DISMISS 1 1 No. 29). This constitutes signature and the motion to strike the motion to dismiss is DENIED. 2 The Court will address the motion to dismiss in a separate Report and Recommendation. 3 4 5 6 Dated this 14th day of December, 2011. A J. Richard Creatura United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER DENYING PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S MOTION TO DISMISS 2

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