Cox v. Glebe et al

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 23 granting defendants' motion for summary judgment; the Court revokes in forma pauperis status for purpose of appeal. Signed by Judge Ronald B. Leighton. (DN) Modified on 12/9/2013 (DN). (cc to pltf)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CASE NO. C13-5073 RBL

JOHN L. COX,
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Plaintiff,
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v.
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ORDER DENYING MOTION FOR
EXTENSION OF TIME AND
ADOPTING REPORT AND
RECOMMENDATION

PAT GLEBE, JOSHUA SENDAWULA,
JOE WILLIAMSON, KERRI
MCTARSNEY, WASHINGTON STATE
DEPARTMENT OF CORRECTIONS,
STATE OF WASHINGTON,

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Defendant.
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John Cox’s retaliation claim was removed to this Court on February 1, 2013. The Court

17 previously dismissed Cox’s claims against all of the Defendants except Pat Glebe and Joe
18 Williamson. Glebe and Williamson filed a motion for summary judgment on September 27th,
19 and Cox was informed that his failure to respond would result in the dismissal of the rest of his
20 claims. Nevertheless, Cox failed to respond, and on November 11th, Magistrate Judge Creatura
21 issued a Report recommending that Defendants’ motion be granted.
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Cox did not file an objection to the Report and Recommendation within 14 days, but on

23 December 5th, he filed a motion for an extension of time. Cox requests that he be given until
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ORDER DENYING MOTION FOR EXTENSION
OF TIME AND ADOPTING REPORT AND
RECOMMENDATION- 1

1 January 17, 2014, so that he can obtain evidence that is “necessary to proceed in this action.”
2 Notably, Cox does not request more time so that he can complete an objection to Judge
3 Creatura’s Report and Recommendation. He requests more time to obtain evidence presumably
4 to respond to Defendants’ motion for summary judgment. Cox has already missed his
5 opportunity to respond to the Defendants’ motion, however. Granting Cox an extension of time
6 to obtain evidence would be pointless at this stage of the litigation. Cox’s motion for an
7 extension of time (Dkt. #24) is DENIED.
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The Court, having reviewed the Report and Recommendation of the Hon. J. Richard

9 Creatura and the remaining record, does hereby find and Order:
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(1) The Court adopts the Report and Recommendation;

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(2) The Court grants defendants’ motion for summary judgment. Defendant Glebe’s
actions cannot be depicted as retaliation because they furthered legitimate
penological goals. Plaintiff failed to come forward with admissible evidence to
support his allegations against defendant Williamson;

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(3) The Court revokes in forma pauperis status for purpose of appeal.
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Dated this 9th day of December, 2013.

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A

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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER DENYING MOTION FOR EXTENSION
OF TIME AND ADOPTING REPORT AND
RECOMMENDATION- 2