Gibbons v. Ferguson et al

Filing 7

ORDER by Judge Benjamin H Settle denying 5 Motion for Reconsideration; denying 6 Motion to Amend. (TG; cc mailed to plaintiff)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 TODD ROY GIBBONS, 8 9 10 Plaintiff, ORDER DENYING MOTION FOR RECONSIDERATION AND MOTION TO AMEND v. BOB FERGUSON, 11 CASE NO. C13-5189 BHS Defendant. 12 13 This matter comes before the Court on Plaintiff Todd Roy Gibbons’s (“Gibbons”) 14 motion for reconsideration (Dkt. 5) and motion to amend (Dkt. 6) 15 On March 14, 2012, Gibbons filed a motion to proceed in forma pauperis and a 16 proposed complaint. Gibbons alleges that the United States, through the Washington 17 Attorney General and local medical facilities, has caused him to receive an improper 18 medical diagnosis in early 2005. Dkt. 1-1. Gibbons alleges that the improper diagnosis 19 caused the unfavorable decision in his recent claim for social security benefits. Id. 20 On March 20, 2013, the Court denied Gibbons’s motion and dismissed his 21 complaint because of numerous deficiencies in the complaint, including the fundamental 22 jurisdictional deficiencies of failure to exhaust and statute of limitations. Dkt. 4. On ORDER - 1 1 March 26, 2013, Gibbons filed a motion for reconsideration stating that he failed to 2 include four pages of his complaint (Dkt. 5) and a motion to amend his complaint to add 3 the additional four pages (Dkt. 6). 4 The Court has reviewed the proposed amended complaint (Dkt. 6-1) and Gibbons 5 fails to cure the fundamental jurisdictional deficiencies set forth in the Court’s prior 6 order. Therefore, the Court DENIES Gibbons’s motion for reconsideration (Dkt. 5) and 7 motion to amend (Dkt. 6). 8 IT IS SO ORDERED. 9 Dated this 27th day of March, 2013. A 10 11 BENJAMIN H. SETTLE United States District Judge 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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