Denton v. Pastor et al

Filing 122

ORDER GRANTING MOTION FOR EXTENSION OF TIME, by Judge Robert J. Bryan. Pltf's "Motion to Extend Any and All Response Dates to Respond to Any All Deadlines" (Dkt. 107), is GRANTED. The Report and Recommendation (Dkt. 102), is RENOTED to 7/14/17. Any supplemental objections are DUE by 7/7/17; response to supplemental objections DUE 7/14/17. Pltf's pending motions (Dkts. 104, 106, 108, 109, and 121) and Dfts Motion to Consolidate (Dkt. 111), are RENOTED to 8/14/17. Any further motions filed in this case shall be noted no earlier than August 4, 2017. **6 PAGE(S), PRINT ALL**(Michael Denton, Prisoner ID: 898610)(DK)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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Plaintiff,

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CASE NO. 16-5314 RJB-DWC

MICHAEL DENTON,
v.

ORDER GRANTING MOTION
FOR EXTENSION OF TIME

PASTOR, JAMES-HUTCHISON,
CARUSO, MARVIN SPENCER,
Defendants.

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This matter comes before the Court on the Plaintiff’s “Motion to Extend Any and All
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Response Dates to Respond to Any All Deadlines” (Dkt. 107) and the Report and
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Recommendation of U.S. Magistrate Judge David W. Christel (Dkt. 102). The Court has
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considered the motion, the Report and Recommendation, objections, if any, and the remaining
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record.
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Plaintiff, a pro se prisoner, filed this civil rights case on April 28, 2016. Dkt. 1. Plaintiff
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raises two claims in his Second Amended Complaint: (1) Defendants Lieutenant Charla James
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Hutchinson and Sergeant Caruso denied Plaintiff due process when they revoked his good time
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ORDER GRANTING MOTION FOR EXTENSION OF TIME - 1

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credits, and (2) Defendants Pastor and Spencer created a policy which denied Plaintiff incoming

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mail. Dkt. 99.

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On May 1, 2017, a Report and Recommendation was filed, recommending that the Court

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deny Plaintiff’s two motions for injunctive relief (Dkts. 52 and 65) because both motions seek

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relief on matters outside the claims raised in the Second Amended Complaint. Dkt. 102. By

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minute order, the Report and Recommendation is noted for consideration on June 16, 2017. Id.

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On May 24, 2017, Plaintiff filed a pleading entitled “Emergency Motion for an

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Evidentiary Hearing,” in which he states that he was transferred to Western State, an inpatient

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psychiatric hospital, for a competency evaluation. Dkt. 104. In that motion, Plaintiff alleges that

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all his legal documents were taken from him when he was transferred. Id. Plaintiff seeks an

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evidentiary hearing, a return of his legal documents, and a finding that Defendants violated his

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constitutional rights. Id. Plaintiff filed a similar motion the next day (Dkt. 106), a third and

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fourth on May 26, 2017 (Dkts. 108 and 109). These motions are noted for June 30, 2017.

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Additionally, on May 26, 2016, Plaintiff filed a Motion to Extend Any and All Deadlines,

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Response Dates, to Respond to Any and All Deadlines. Dkt. 107. In this motion, Plaintiff again

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explains that he was transferred to Western State and did not have any of his legal documents.

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Id. He moves the Court for an extension of all deadlines but does not request a specific

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timeframe. Id. This motion was noted for consideration on June 16, 2017. Id.

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On June 1, 2017, Defendants filed a Motion to Consolidate Pursuant to Civ. R. 42 (Dkt.

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111) and noted the motion for June 23, 3017. In this motion, Defendants assert that Plaintiff

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filed two separate related actions asserting civil rights claims regarding his confinement in the

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Pierce County, Washington Jail. Id. Defendants move to have the cases consolidated. Id.

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ORDER GRANTING MOTION FOR EXTENSION OF TIME - 2

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On June 14, 2017, Plaintiff notified the Court that he has been moved from Western State

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and the Pierce County, Washington Jail to a state facility - Monroe Correctional Complex. Dkt.

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119. Plaintiff states that he has not received any of his legal documents. Id.

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On June 15, 2017, Plaintiff filed objections to the Report and Recommendation. Dkt.

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120. He asserts that his motions for temporary restraining orders (Dkts. 52 and 65) should be

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granted, repeating his prior assertions. Id. Plaintiff asserts that the Report and Recommendation

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should not be adopted because, although it states he requests relief outside the Second Amended

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Complaint, the Report and Recommendation fails to mention that the relief he seeks in his

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motions for injunctive relief is requested, in part, in the Second Amended Complaint. Id.

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Plaintiff asserts that the Report and Recommendation’s finding that Plaintiff has access to

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written legal materials is false. Id. Although Plaintiff is no longer housed at the Pierce County

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Jail, he continues to assert that the jail “is violating his right to send and receive mail,” the jail is

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denying him access to legal materials, and the jail is violating his rights “due to the jail do [sic]

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not have [sic] a disciplinary hearings board Plaintiff is being held in solitary confinement.” Id.

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In the interest of due process, Plaintiff’s motion for an extension of time for all deadlines

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(Dkt. 107) should be granted. Although Plaintiff has already filed objections to the Report and

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Recommendation, Plaintiff has again been moved and has provided sufficient good cause for a

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short extension of time. The Report and Recommendation (Dkt. 102) should be renoted for July

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14, 2017. If Plaintiff wishes to file supplemental objections, those objections should be filed by

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July 7, 2017, and address whether he is still entitled to the relief he seeks due to his move out of

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the jail and into Monroe. If Defendants wish to respond to this issue or other matters raised in

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the supplemental objections, any such response should be filed by July 14, 2017.

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ORDER GRANTING MOTION FOR EXTENSION OF TIME - 3

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Plaintiff’s other pending motions (Dkts. 104, 106, 108, 109 and 121) should be

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considered together after a decision on the Report and Recommendation has been issued.

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Defendants’ Motion to Consolidate Pursuant to Civ. R. 42 (Dkt. 111) should also be considered

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after the order regarding the Report and Recommendation filed. Plaintiff’s motions (Dkt. 104,

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106, 108, 109, and 121) and Defendants’ Motion to Consolidate Pursuant to Civ. R. 42 (Dkt.

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111) should be renoted for August 4, 2017. Any further motions should be noted for

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consideration by the Clerk of the Court no earlier than August 4, 2017.

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It is ORDERED that:


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Plaintiff’s “Motion to Extend Any and All Response Dates to Respond to Any All
Deadlines” (Dkt. 107) IS GRANTED;



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The Report and Recommendation of U.S. Magistrate Judge David W. Christel
(Dkt. 102) IS RENOTED to July 14, 2017;

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o If Plaintiff wishes to file supplemental objections, those objections ARE

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DUE by July 7, 2017, and address whether he is still entitled to the relief

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he seeks due to his move out of the jail and into Monroe. If Defendants

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wish to respond to this issue or other matters raised in the supplemental

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objections, any such response IS DUE by July 14, 2017;

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Plaintiff’s other pending motions (Dkts. 104, 106, 108, 109, and 121) and

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Defendants Motion to Consolidate Pursuant to Civ. R. 42 (Dkt. 111) ARE

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RENOTED to August 4, 2017; and

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Further motions, if any, filed in this case shall be noted for consideration by the
Clerk of the Court no earlier than August 4, 2017.

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ORDER GRANTING MOTION FOR EXTENSION OF TIME - 4

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The Clerk is directed to send uncertified copies of this Order to all counsel of record and
to any party appearing pro se at said party’s last known address.
Dated this 19th day of June, 2017.

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A
ROBERT J. BRYAN
United States District Judge

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ORDER GRANTING MOTION FOR EXTENSION OF TIME - 5