McDaniels v. Stewart et al

Filing 271

ORDER by Judge Benjamin H. Settle Denying as Moot Plaintiff's 264 Motion for Extension of Time; Granting in part and Denying in part Plaintiff's 268 Motion for Leave to File Excess Pages; Terminating Plaintiff's 269 Objections; and Renoting the 263 Report and Recommendation for consideration on February 1, 2019. **2 PAGE(S), PRINT ALL**(Peter McDaniels, Prisoner ID: 995036)(GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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PETER J. MCDANIELS,
Plaintiff,

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v.
BELINDA STEWART, et al.,

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Defendants.

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CASE NO. C15-5943 BHS
ORDER DENYING PLAINTIFF’S
MOTION FOR AN EXTENSION
OF TIME, GRANTING IN PART
AND DENYING IN PART
PLAINTIFF’S MOTION FOR
LEAVE TO FILE EXCESS PAGES,
TERMINATING PLAINTIFF’S
OBJECTIONS, AND RENOTING
REPORT AND
RECOMMENDATION

This matter comes before the Court on the Report and Recommendation (“R&R”)

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of the Honorable David W. Christel, United States Magistrate Judge, Dkt. 263, and

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Plaintiff Peter McDaniels’s (“McDaniels”) motion for relief from deadline, Dkt. 264,

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motion for leave to file excess pages, Dkt. 268, and objections to the R&R, Dkt. 269.

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On September 24, 2018, Judge Christel issued the R&R recommending that the

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Court grant Defendants’ motion for summary judgment on all of McDaniels’s claims.

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Dkt. 263. On September 26, 2018, McDaniels filed a motion for relief from the deadline

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to file objections. Dkt. 264. McDaniels requested a six-week extension to file objections

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ORDER - 1

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for various reasons. Id. On October 4, 2018, McDaniels filed a motion for leave to file

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excess pages and objections to the R&R. Dkts. 268, 269.

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Except as otherwise provided by court order or rule, objections to a magistrate

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judge’s order or recommended disposition, or any response thereto, shall not exceed

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twelve pages. Local Rules W.D. Wash. LCR 72.

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In this case, McDaniels requests leave to file fifty-seven pages of objections. Dkt.

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268. The Court finds this request excessive given the fact that the R&R is only twenty-

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four pages. McDaniels should be able to limit his objections to twenty-four pages.

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Therefore, the Court GRANTS McDaniels’s motion for leave in part and DENIES the

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motion in part.
In order to accommodate the new page limit, the Clerk shall renote the R&R, Dkt.

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263, for consideration on the Court’s February 1, 2019 calendar and terminate

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McDaniels’s current objections, Dkt. 269. McDaniels may file new objections not to

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exceed twenty-four pages no later than February 1, 2019. If McDaniels fails to file new

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objections, the Court will consider the first twenty-four pages of his original objections.

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In light of this order, the Court DENIES McDaniels’s motion for an extension of

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time as moot.

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IT IS SO ORDERED.

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Dated this 9th day of January, 2019.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2