Varnell v. Washington State Department of Corrections et al

Filing 164

ORDER denying 163 Motion for public records, signed by Magistrate Judge David W. Christel.**2 PAGE(S), PRINT ALL**(Mitchell Varnell, Prisoner ID: 871147)(CMG)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 MITCHELL LEE VARNELL, 11 Plaintiff, 12 13 CASE NO. 3:15-cv-05443-BHS-DWC ORDER DENYING MOTION FOR RECORDS v. WASHINGTON DEPARTMENT OF CORRECTIONS, et al., 14 Defendants. 15 16 Plaintiff Mitchell Lee Varnell, proceeding pro se and in forma pauperis, filed this civil 17 rights complaint under 42 U.S.C. § 1983. 18 Plaintiff originally filed his Complaint in June of 2015. Dkt. 1. Plaintiff subsequently 19 filed a Motion for Preliminary Injunction. Dkt. 32. In January of 2017, the District Court, upon 20 reconsideration, adopted this Court’s Report and Recommendation and denied Plaintiff’s Motion 21 for Preliminary Injunction. Dkt. 124. Plaintiff appealed this decision to the Ninth Circuit Court 22 of Appeals. Dkt. 126. In light of this appeal, the Court stayed the action. Dkt. 154. In response to 23 a Motion for Clarification (Dkt. 157), the Court clarified that it would not consider “any pending 24 ORDER DENYING MOTION FOR RECORDS - 1 1 or future motions filed with the Court until the Ninth Circuit has resolved the pending appeal” 2 (Dkt. 161). Plaintiff subsequently filed a Request for Public Records. Dkt. 163. The Court 3 interprets this Request as a Motion to Produce Records (“Motion”). The Ninth Circuit has not yet 4 ruled on Plaintiff’s appeal. See Dkt. 5 In light of the Court’s previous Order limiting consideration of motions until after the 6 Ninth Circuit has ruled, Plaintiff’s Motion (Dkt. 163) is denied without prejudice. Plaintiff may 7 refile the Motion after the Ninth Circuit has concluded his appeal. However, Plaintiff references 8 several letters he apparently sent to the Court and various exhibits attached to his appeals brief to 9 the Ninth Circuit. The Court cannot locate any of these documents in this case’s docket. 10 Therefore, even if the Court granted his Motion, the Court would not be able to produce the 11 documents he requests. 12 The Clerk is directed to provide a copy of this Order to Plaintiff. 13 Dated this 1st day of December, 2017. A 14 15 David W. Christel United States Magistrate Judge 16 17 18 19 20 21 22 23 24 ORDER DENYING MOTION FOR RECORDS - 2

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