Scott v. Cunningham

Filing 283

ORDER TO SHOW CAUSE re 261 MOTION to Withdraw Document, and 262 MOTION to Dismiss: Plaintiff shall advise the Court on or before 5/18/2012 how he wishes to proceed as to his motions to withdraw and motion to dismiss. Signed by Magistrate Judge Karen L Strombom. (CMG; cc to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RICHARD ROY SCOTT,
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Plaintiff,
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v.
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KELLY CUNNINGHAM,

ORDER TO SHOW CAUSE RE:
MOTION TO WITHDRAW AND
MOTION TO DISMISS

Defendant.

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NO. C11-5509 BHS/KLS

Before the Court are Plaintiff Richard Roy Scott’s Motion to Withdraw All

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Motions/Appeals (ECF No. 261) and Motion to Dismiss (ECF No. 262). Mr. Scott states that

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the Special Commitment Center (SCC) where he is housed is closing and moving its operations

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off McNeil Island. Id. Mr. Scott states that because his claims in this lawsuit are premised on

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the conditions of his confinement and the SCC’s ability to conduct its operations on McNeil

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Island, his claims are now moot. Id. According to Defendant Kelly Cunningham, the Chief
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Executive Officer of the SCC, the SCC is not closing and whether the SCC relocates from

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McNeil island at some point in the future is a decision that has not been made. ECF No. 281

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(Declaration of Kelly Cunningham).

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Mr. Scott is mistaken in his belief that the SCC is moving its operations off McNeil
Island. He is, therefore, directed to indicate to this Court whether he wishes to proceed with
his motions to withdraw and to dismiss (ECF Nos. 261 and 262) or whether he wishes to have

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them removed from the Court’s calendar.

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ORDER - 1

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Plaintiff shall advise the Court on or before May 18, 2012 or the Court will assume
that Plaintiff wishes to proceed with the motions as noted.
Accordingly, it is ORDERED:
(1)

Plaintiff’s shall advise the Court on or before May 18, 2012 how he wishes to

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proceed as to his motions to withdraw (ECF No. 261) and motion to dismiss (ECF No. 262).
(2)

The Clerk shall send a copy of this Order to Plaintiff and counsel for

Defendants.
DATED this 1st day of May, 2012.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2