Becker v. Carney et al

Filing 51

ORDER ON SERVERAL MOTIONS by Magistrate Judge J Richard Creatura. - Plaintiff's 43 Motion to Identify "CRC Member Pat Doe #1" and Serve Defendant Sara Smith is DENIED AS MOOT. - Plaintiff's 47 Motion for Extension o f Time is GRANTED, as requested. - Plaintiff's 44 Motion to Amend Complaint is GRANTED. Plaintiff is ordered to file an amended complaint on or before January 30, 2017 that is legible, clear, and dark enough that it can be scanned and entered into the Court's electronic filing system. **2 PAGE(S), PRINT ALL**(Asher Becker, Prisoner ID: 325267)(GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ASHER JAMES BECKER,

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Plaintiff,

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CASE NO. 3:16-CV-05315-RBL-JRC
ORDER ON SEVERAL MOTIONS

v.
BRENT CARNEY, et al.,

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Defendants.

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Plaintiff, proceeding in forma pauperis, filed this civil rights complaint pursuant to 42

15 U.S.C. § 1983. Presently before the Court are several motions filed by plaintiff: (1) motion to
16 identify “CRC Member Pat Doe #1;” (Dkt. 43); (2) motion to amend complaint (Dkt. 44); and
17 motion for extension (Dkt. 47). Defendants do not oppose plaintiff’s motion to amend and
18 motion for extension, Dkts. 48, 50, and did not file a response to plaintiff’s motion to identify the
19 Doe defendant.
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1. Motion to Amend (Dkt. 44)

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Under Rule 15(a) of the Federal Rules of Civil Procedure,

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(1) Amending as a Matter of Course
A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it, or

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ORDER - 1

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(B) if the pleading is one to which a responsive pleading is required,
21 days after service of a responsive pleading or 21 days after
service of a motion under Rule 12(b), (e), or (f), whichever is
earlier.

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(2) Other Amendments
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In all other cases, a party may amend its pleading only with the
opposing party’s written consent or the court’s leave. The court
should freely give leave when justice so requires

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Having reviewed plaintiff’s motion, with no opposition from defendants, see Dkt. 48, the

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Court grants plaintiff’s motion to amend, Dkt. 44.
However, the attached proposed first amended complaint is illegible in several places.

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See e.g. 44-1 at 3, 13, 17, Plaintiff is ordered to file an amended complaint on or before January
30, 2017 that is legible, clear, and dark enough that it can be scanned and entered into the
Court’s electronic filing system.
2. Motion to Identify “CRC Member Pat Doe #1” Dkt. 43

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Because the Court grants plaintiff’s motion to amend, which identifies defendant Sara

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Smith (Dkt. 44-1), plaintiff’s request to serve defendant Smith as a “Doe” defendant is denied as
moot.
3. Motion for Extension (Dkt. 47)
Plaintiff seeks a ninety-day extension until March 22, 2017 to submit names and address
for the other unidentified “DOE” defendants. Dkt. 47. With no opposition from defendants, the
Court grants plaintiff’s motion for the extension, as requested.
Dated this 5th day of January, 2017.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER - 2