Blakeney v. Karr et al

Filing 46

ORDER denying Plaintiff's Second 40 Motion to extend his deadline to respond to Defendants' motion for summary judgment. Under separate Report and Recommendation, the Court is recommending that this case be dismissed for failure to exhaust administrative remedies. 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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OLUJIMI AWABH BLAKENEY,
No. C13-5076 BHS/KLS
Plaintiff,

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v.

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SUSAN KARR, SGT. BRASWELL, C/O
LARSON, CRAIG ADAMS,

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ORDER DENYING PLAINTIFF’S
SECOND MOTION FOR EXTENSION OF
TIME

Defendants.

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Defendants’ motion for summary judgment was filed and noted for September 6, 2013.

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ECF No. 35. On August 28, 2013, Plaintiff requested an extension to respond to Defendants’
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motion until September 23, 2013. ECF No. 38. Plaintiff stated that his mail was delayed and he

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did not receive Defendants’ motion in a timely fashion. Id. That extension was granted. ECF

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No. 39. On September 26, 2013, Plaintiff filed a second motion to extend his deadline, along

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with a motion to dismiss Defendants Larson and Braswell, motion to join additional claims, and

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motion to join additional defendants. ECF Nos. 40, 41, 42, and 43. Plaintiff’s motions to
dismiss and to join additional claims and defendants has been dealt with by the Court in a

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separate Report and Recommendation, in which the undersigned has recommended that Mr.
Blakeney’s claims be dismissed for failure to exhaust. In his motion for extension, Plaintiff

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states that he has limited library access and a “burdensome ability to obtain writing materials.”

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Id.

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ORDER - 1

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Accordingly, it is ORDERED:

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(1)

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Plaintiff’s second motion to extend his deadline to respond to Defendants’

motion for summary judgment (ECF No. 40) is DENIED. Under separate Report and
Recommendation, the Court is recommending that this case be dismissed for failure to exhaust

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administrative remedies.
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(2)

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

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DATED this 4th day of October, 2013.

A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2