Denton v. Pastor et al

Filing 248

ORDER OF DISMISSAL with Prejudice, signed by Judge Robert J. Bryan. All pending motions are stricken (Dkts. 234 , 243 ). **3 PAGE(S), PRINT ALL**(Michael Denton, Prisoner ID: 898610)(GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CASE NO. 16-5314 RJB

MICHAEL DENTON,
Plaintiff,
v.

ORDER OF DISMISSAL

LT. CHARLA JAMES-HUTCHISON,
SGT. JACKIE CARUSO,
Defendants.

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This matter comes before the court sua sponte. For the following reasons, it appears that
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this case should be dismissed as a sanction for non-participation, non-compliance, and
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multiplying and obstructing proceedings.
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This matter was set for Pretrial Conference, to be conducted telephonically and by video
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link at 8:30 a.m. on Friday, October 19, 2018. The court was present and defense counsel Brian
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Wasankari was present, as scheduled. A video link was in place with the Washington
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Corrections Center, where Mr. Denton is detained. The court waited for Mr. Denton to appear in
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the room where the video link was prepared, for about 20 minutes. Then the court was called to
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ORDER OF DISMISSAL - 1

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order and staff from the Washington Corrections Center were on the record and indicated that

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Mr. Denton would not come out of his cell to come to the room where the video link was set up,

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having some concern over being in restraints. The Corrections Center staff described continuing

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efforts by staff, including Mr. Denton’s counselor, to get him to come out of his cell so that the

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Pretrial Conference could proceed. He refused, and the court finally recessed the Pretrial

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Conference.

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The plaintiff’s lack of cooperation in regard to the Pretrial Conference is only the last

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step in a long history of failing to cooperate with defense counsel or to comply with the court’s

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rules in preparing the case for trial, as is reflected in Defendants’ Motion to Dismiss Pursuant to

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FRCP 41 or, in the Alternative, Exclude Evidence under FRCP 37(c)(1) (Dkt. 234). Without the

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plaintiff’s cooperation, it will be impossible to conduct the trial now set for October 29, 2018,

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and it appears that Mr. Denton has voluntarily refused to follow court rules or to cooperate with

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the court and defense counsel in preparing the case for trial.

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The court has expended considerable time and resources in preparing for the Pretrial

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Conference and the trial, including preparing a video link for all proceedings. Similarly, as

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reflected in the file, the defense has expended considerable time and resources in preparing the

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case. The court’s and the defense’s work has been made much more difficult by plaintiff’s

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refusal to follow court rules.

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Under all the circumstances, it appears now that the case should be dismissed with

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prejudice pursuant to Federal Rule of Civil Procedure 41(b) and Local Civil Rule 11(c) as a

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sanction. Mr. Denton has failed to comply with the rules of the court and has failed to attend a

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critical Pretrial Conference without good cause, has failed to follow the rules and orders of the

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ORDER OF DISMISSAL - 2

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court in trial preparation, and his actions have obstructed court proceedings. Pending motions

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should be stricken.

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IT IS ORDERED that this case is dismissed with prejudice.

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The Clerk is further directed to send uncertified copies of this Order to all counsel of

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record and to any party appearing pro se at said party’s last known address.
Dated this 19th day of October, 2018.

A

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ROBERT J. BRYAN
United States District Judge

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ORDER OF DISMISSAL - 3