Garrison v. State of Washington Department Corrections

Filing 12

ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATIONS by Judge Benjamin H Settle re 10 Report and Recommendations. Plaintiff to file amended complaint on or before 11/15/2012. (TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROBERT W. GARRISON,

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Plaintiff,

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v.

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STATE OF WASHINGTON,
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al.,
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CASE NO. C12-5396 BHS
ORDER DECLINING TO ADOPT
REPORT AND
RECOMMENDATION

Defendants.

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This matter comes before the Court on the Report and Recommendation (“R&R”)

17 of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 10), Plaintiff
18 Robert W. Garrison’s (“Garrison”) response to the R&R and his request for additional
19 time to file an amended complaint (Dkt. 11). The Court has considered the R&R and
20 Garrison’s request for additional time to file an amended complaint, as well as the
21 remaining record, and hereby declines to adopt the R&R and grants Garrison’s request
22 for additional time to file an amended complaint.

ORDER - 1

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On August 29, 2012, Judge Creatura issued an R&R recommending that this

2 action be dismissed due to Garrison’s failure to file an amended complaint as directed.
3 Dkt. 10. On September 26, 2012, Garrison filed a response to the R&R requesting
4 additional time to file an amended complaint. The Court DECLINES to adopt the R&R
5 (Dkt. 10) as Garrison has shown good cause for additional time and will allow him to file
6 an amended complaint on or before November 15, 2012.
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IT IS SO ORDERED.

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Dated this 15th day of October, 2012.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2