Griffin v White et al

Filing 59

ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATION re 55 and Plaintiff's Objection 56 ; Plaintiff has leave to file a Third Amended Complaint to be filed by 8/3/18; Plaintiff's motion for summary judgment 41 , Defendants' cross-m otion 44 and Plaintiff's motion to alter or amend 53 are re-noted for 8/3/18; this matter is re-referred to Magistrate Judge Creatura; signed by Judge Ronald B. Leighton. **2 PAGE(S), PRINT ALL**(Robert Griffin, Prisoner ID: 851075)(DN)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROBERT DEAN GRIFFIN, JR.,
Plaintiff,

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v.
DANIEL W. WHITE, et al.,

CASE NO. 3:17-cv-05841-RBL
ORDER DECLINING TO ADOPT
REPORT AND
RECOMMENDATION AND
GRANTING LEAVE TO AMEND

Defendants.

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Plaintiff Robert Dean Griffin, Jr., filed this civil rights action pursuant to 42 U.S.C. §

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1983. Plaintiff filed this case in July of 2017. Dkt. 1. He filed a second § 1983 action in February

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of 2018. Griffin v. White, No. 3:18-cv-5133-BHS-JRC, Dkt. 1. Both that case and the present

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case raised claims stemming from the same core of operative facts. Thus, in March of 2018,

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Magistrate Judge J. Richard Creatura entered an order in plaintiff’s second § 1983 action,

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ordering plaintiff to show cause why that case should not be consolidated with the case presently

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before the Court. Id., Dkt. 5. When plaintiff failed to respond, Judge Creatura entered a report

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and recommendation, recommending that plaintiff’s second action be dismissed. Id., Dkt. 6.

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ORDER DECLINING TO ADOPT REPORT AND
RECOMMENDATION AND GRANTING LEAVE TO
AMEND - 1

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Judge Creatura subsequently entered a report and recommendation in the present case,

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recommending that defendants’ motion for summary judgment be granted and plaintiff’s action

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dismissed. Dkt. 55. However, the Court received objections to the report and recommendation in

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plaintiff’s second case and entered an order consolidating the two cases. Dkt. 56. Though the

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order was signed before Judge Creatura entered his report and recommendation on the motion for

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summary judgment, the Court’s Order was not entered on the docket until after the report and

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recommendation. Compare Dkt. 55 with Dkt. 56.

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Therefore, because plaintiff’s cases have now been consolidated, it is ORDERED:

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1) The Court declines to adopt the report and recommendation (Dkt. 55).

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2) Plaintiff has leave to file a third amended complaint, including all his claims from
both the present case and the case originally filed under 3:18-cv-5133-BHS-JRC.

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3) Plaintiff shall file his amended complaint by August 3, 2018.

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4) The Clerk is directed to renote Plaintiff’s motion for summary judgment (Dkt. 41),

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defendants’ cross-motion for summary judgment (Dkt. 44), and plaintiff’s motion to

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alter or amend (Dkt. 53) for August 3, 2018.

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5) The Clerk is also directed to re-refer the case to Magistrate Judge J. Richard Creatura.

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Dated this 10th day of July, 2018.

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A

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Ronald B. Leighton
United States District Judge

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ORDER DECLINING TO ADOPT REPORT AND
RECOMMENDATION AND GRANTING LEAVE TO
AMEND - 2