Ventress v. Castillo et al

Filing 44

ORDER signed by Magistrate Judge Theresa L Fricke Determining the Operative 10 Complaint and Striking Plaintiff's subsequent letters, exhibits, and request for admission (Dkts. 4 , 7 , 14 , 18 - 22 ( 18 , 19 , 20 , 21 & 22 ), 24 , 26 , 28 , 29 , 30 , 32 , 33 ). (GMR- cc: pltf w/updated docket sheet)

1
2
3
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

4
5
6

ERIC DWAYNE VENTRESS,
Case No. C17-5094 BHS-TLF

7
8
9
10
11

Plaintiff,
ORDER DETERMINING
OPERATIVE COMPLAINT AND
STRIKING DKTS 4, 7, 14, 18-22, 24,
26, 28, 29, 30, 32, 33

v.
ELIAS O CASTILLO,
Defendants.

After commencing this action through the filing of his complaint, Dkt. 10, plaintiff

12

subsequently filed numerous documents that appeared to discuss additional facts or claims, and

13

possible new defendants, that were not mentioned in the original complaint. Dkts. 4, 7, 14, 18-

14

22, 24, 26, 28, 29, 30, 32, 33. Because it was unclear whether plaintiff was attempting to amend

15

his complaint through these submissions, on March 13, 2018 this Court entered an order

16

requiring plaintiff to clarify his intent. Dkt. 43. Plaintiff was ordered, by no later than April 16,

17

2018, either to file a motion to amend his complaint or to file a notice stating that he did not

18

intend to amend his complaint. Id. Plaintiff was warned that failure to respond could result in

19

dismissal of the complaint for failure to prosecute and failure to comply with a court order. Id.

20

Plaintiff has failed to file any response to the court’s order. The court construes plaintiff’s failure

21

to respond as an intent to proceed under his original complaint.

22

Accordingly, it is hereby ORDERED that:

23
24
25

ORDER DETERMINING OPERATIVE COMPLAINT AND
STRIKING DKTS 4, 7, 14, 18-22, 24, 26, 28, 29, 30, 32, 33 1

1
2
3
4
5

(1) The operative complaint in this case is plaintiff’s original complaint entered on March
15, 2017, Dkt. 10.
(2) Plaintiff’s subsequent letters, exhibits, and “request for admission” (Dkts. 4, 7, 14,
18-22, 24, 26, 28, 29, 30, 32, 33) are hereby STRICKEN.
Dated this 11th day of June, 2018.

6
7
8

A

9

Theresa L. Fricke
United States Magistrate Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

ORDER DETERMINING OPERATIVE COMPLAINT AND
STRIKING DKTS 4, 7, 14, 18-22, 24, 26, 28, 29, 30, 32, 33 2