Choquette v. Warner et al

Filing 47

ORDER granting 42 Motion for Extension of Time; Plaintiff shall submit the full names and addresses of the unserved defendants on or before 9/2/16. Granting 43 Motion for Extension of Time. Plaintiff shall file his response to defendants' 40 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on or before 9/2/16. The Clerk shall note this matter for the Court's consideration on 9/9/2016. Signed by Magistrate Judge J Richard Creatura.(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ETIENNE L. CHOQUETTE,

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Plaintiff,

CASE NO. C15-5838 BHS-JRC
ORDER GRANTING EXTENSIONS

v.
BERNARD E. WARNER, et. al.,
Defendants.

The District Court has referred this 42 U.S.C. § 1983 civil rights action to United States
Magistrate Judge J. Richard Creatura. The Court’s authority for the referral is 28 U.S.C. §
636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4.
On June 13, 2016, the Court ordered plaintiff, proceeding pro se and in forma pauperis,
to provide complete names and addresses for seven unserved defendants. Dkt. 38. On June 27,
2016, defendants filed a motion to dismiss. Dkt. 40.
Plaintiff Etienne L. Choquette now seeks a ninety-day extension to submit the addresses
for the unserved defendants in this matter. Dkt. 42. Plaintiff states that the process is timeconsuming requiring additional time to complete. Id. Defendants do not object to plaintiff’s

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ORDER GRANTING EXTENSIONS - 1

1 request for an extension, however, they do object to the length of time requested. Dkt. 43.
2 Defendants do not object to a 30-day extension. Id.
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Plaintiff also seeks a sixty-day extension to file his response to defendants’ motion to

4 dismiss. Dkt. 43. Plaintiff states that he has limited access to the law library at the Washington
5 State Penitentiary, has only a high school education and needs additional time to research this
6 matter. Id. Defendants object to the length of extension only. Dkt. 45. Defendants are not
7 opposed to a 30-day extension. Id.
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The Court finds that a 30-day extension is reasonable and, therefore, plaintiff’s motions

9 for extensions (Dkts. 42, 43) are granted. Plaintiff shall submit the full names and addresses of
10 the unserved defendants on or before September 2, 2016, pursuant to the Court’s June 13, 2016
11 Order. Plaintiff shall file his response to defendants’ motion to dismiss on or before September
12 2, 2016. Defendants may file and serve a reply not later than September 9, 2016. The Clerk
13 shall note this matter for the Court’s consideration on September 9, 2016.
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Dated this 1st day of August, 2016.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING EXTENSIONS - 2