Nanez v. Daniels et al

Filing 24

ORDER that Defendants' 12 MOTION to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) is RENOTED to 3/2/2018. To the extent that plaintiff intends to submit opposition papers to defendants' motion, he must do so on or before 2/26/18. Defendants may submit a reply on or before the noting date. Signed by Magistrate Judge Theresa L Fricke. **2 PAGE(S), PRINT ALL**(Shawn Nanez, Prisoner ID: 336785)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SHAWN DALE NAÑEZ,
Case No. C17-5663-RBL-TLF

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Plaintiff,
ORDER RE-NOTING MOTION TO
DISMISS

v.
KAREN DANIELS ET. AL.,
Defendants.

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Defendants filed a Motion to Dismiss under Federal Rule of Civil Procedure (Fed. R.

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Civ. P.) 41(b) on. Dkt 19. The motion was noted for December 8, 2017. Dkt. 18. Pursuant to

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Local Rule (LCR) 7(d)(3), any opposition to defendants’ motion was due to be filed on or before

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December 4, 2017. Plaintiff failed to file any opposition to defendants’ motion.

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The Court notes that plaintiff’s Motion for Court-Appointed Counsel (Dkt. 5) was also

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pending at the time defendants filed their Motion to Dismiss. Plaintiff’s motion was denied by

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separate order on January 30, 2018.

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Because plaintiff may have delayed responding to defendants’ motion due to the pending

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Motion for Court-Appointed Counsel, and in order to ensure plaintiff is aware of his obligation

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to respond and has an opportunity to do so, the Court hereby ORDERS that defendants’ Motion

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to Dismiss is re-noted to March 2, 2018. To the extent plaintiff intends to submit opposition

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papers to defendants’ motion, he must do so on or before February 26, 2018. Defendants may

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submit a reply on or before the noting date.

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ORDER RE-NOTING MOTION TO DISMISS - 1

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The Clerk shall send a copy of this Order to the plaintiff.

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Dated this 31st day of January, 2018.

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A

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Theresa L. Fricke
United States Magistrate Judge

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ORDER RE-NOTING MOTION TO DISMISS - 2