Williams v. Warner

Filing 11

ORDER granting 10 Motion for Extension of Time. Plaintiff has until 1/12/18, to either file an amended complaint in compliance with the Court's previous order (Dkt. 8) or to otherwise show cause why the Court should not recommend his action b e dismissed. Signed by Magistrate Judge David W. Christel. (Attachments: # 1 Amended Complaint (blank), # 2 Address/Service List (blank), # 3 Copy of the Court's Order to Show (Dkt #8), # 4 Pro Se Instruction Sheet)**13 PAGE(S), PRINT ALL**(James Williams, Prisoner ID: 740600)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JAMES A. WILLIAMS,

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Plaintiff,

CASE NO. 3:17-cv-05615-BHS-DWC
ORDER GRANTING EXTENSION

v.
BERNARD E. WARNER,
Defendant.

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Plaintiff James A. Williams, proceeding pro se and in forma pauperis, initiated this civil

17 rights Complaint pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s Motion
18 for Extension of Time, wherein he requests a 60-day extension to file a response to the Court’s
19 Order to Show Cause or Amend. Dkt. 10.
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Plaintiff filed this action in August of 2017. Dkt. 1. After granting his Motion to Proceed

21 In Forma Pauperis, the Court ordered Plaintiff to file an amended complaint or otherwise show
22 cause why the Court should not recommend his claims be dismissed. Dkt. 8. Plaintiff’s deadline
23 to respond was October 27, 2017. Id. The Court received Plaintiff’s Motion for Extension, signed
24 and dated October 26, 2017, on October 30, 2017. Dkt. 10. In it, Plaintiff states he cannot meet

ORDER GRANTING EXTENSION - 1

1 the deadlines set by the Court because he is in the Intensive Management Unit at the Monroe
2 Correctional Complex and is being purposefully denied access to the law library and legal
3 resources by the law librarian and her superiors. Dkt. 10. Having reviewed the record, including
4 Plaintiff’s Motion for Extension of Time (Dkt. 10), the Court finds an extension of time is
5 appropriate to allow Plaintiff to respond to the Court’s previous Order.
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Accordingly, Plaintiff’s Motion for Extension of Time (Dkt. 10) is granted. Plaintiff has

7 until January 12, 2018, to either file an amended complaint in compliance with the Court’s
8 previous order (Dkt. 8) or to otherwise show cause why the Court should not recommend his
9 action be dismissed.
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Plaintiff is reminded he is subject to the Court’s Prisoner E-Filing Initiative pursuant to

11 General Order 06-16. Accordingly, Plaintiff is required to utilize the e-filing system. He may not
12 mail physical copies of his pleadings to the Court. Because Plaintiff is concerned his access to
13 the e-filing system is being unlawfully limited, the Court will consider additional motions for
14 extensions of time as necessary.
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The Clerk is directed to send Plaintiff the appropriate forms for filing a 42 U.S.C. § 1983

16 civil rights complaint and for service. The Clerk is further directed to send copies of this Order
17 and Pro Se Instruction Sheet to Plaintiff. The Clerk is finally directed to send a new copy of the
18 Court’s previous Order (Dkt. 8) to Plaintiff.
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Dated this 13th day of November, 2017.

A

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David W. Christel
United States Magistrate Judge

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ORDER GRANTING EXTENSION - 2