Smith v. Gronseth et al
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION by Judge Benjamin H. Settle re 71 Report and Recommendations. **3 PAGE(S), PRINT ALL**(Jess Smith, Prisoner ID: 739951)(TG)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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JESS R. SMITH,
CASE NO. C16-5775 BHS-DWC
Plaintiff,
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v.
ORDER ADOPTING REPORT
AND RECOMMENDATION
BARBARA GRONSETH, et al.,
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Defendants.
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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. 71), Judge
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Christel’s order denying Plaintiff Jess Smith’s (“Smith”) motion to reopen discovery
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(Dkt. 70), and Smith’s objections to the R&R and the order (Dkts. 73, 74).
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On June 7, 2018, Judge Christel denied Smith’s motion because Smith failed to
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show good cause to amend the scheduling order to reopen discovery. Dkt. 70. Judge
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Christel also issued the R&R recommending that the Court deny Smith’s motion for
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injunctive relief because it seeks preliminary relief on issues outside of the complaint.
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Dkt. 71. On June 11, Smith filed objections to both. Dkts. 73, 74.
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ORDER - 1
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Regarding nondispositive matters, the district judge in the case must consider
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timely objections and modify or set aside any part of the order that is clearly erroneous or
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is contrary to law. Fed. R. Civ. P. 72
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Regarding dispositive matters, the district judge must determine de novo any part
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of the magistrate judge’s disposition that has been properly objected to. The district judge
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may accept, reject, or modify the recommended disposition; receive further evidence; or
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return the matter to the magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).
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In this case, Smith has failed to identify any error in Judge Christel’s rulings.
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First, Smith has failed to show that Judge Christel’s finding that there was not good cause
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to reopen discovery is clearly erroneous or contrary to law. Smith had over four months
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before the stay was imposed and three months after the stay was lifted to conduct
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discovery. Smith has failed to show why this was insufficient time to conduct discovery.
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Therefore, the Court denies Smith’s objections to Judge Christel’s order.
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Second, the Court agrees with Judge Christel that injunctive relief requiring
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Defendants to serve him by regular mail instead of by electronic notice is outside the
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scope of his complaint. While the Court is concerned that Smith is not receiving
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Defendants’ responses, it seems that Smith is receiving Court orders as well as
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Defendants’ motion to summary judgment because he has responded to these items. If
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Smith fails to receive documents in the future, then he may file a motion for
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reconsideration identifying the specific due process violation and resulting prejudice.
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However, at this time, Smith’s requested injunctive relief is beyond the scope of his
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complaint.
ORDER - 2
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Therefore, the Court having considered the order, the R&R, Smith’s objections,
and the remaining record, does hereby find and order as follows:
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(1)
Smith’s objections are OVERRULED;
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(2)
The R&R is ADOPTED; and
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(3)
The matter is re-reffered for further proceedings.
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Dated this 26th day of July, 2018.
A
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BENJAMIN H. SETTLE
United States District Judge
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ORDER - 3
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