Johnson v. Barnes et al

Filing 81

ORDER: The Court dismisses Johnson's remaining claims without prejudice for failing to properly serve defendants almost a year after filing her original complaint; and denies the Motions to Appeal in forma pauperis. (appeal number 18-35813) **SEE ORDER FOR DETAILS** Signed by Judge Benjamin H. Settle. (CMG)(Court of Appeals adhoc'd)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ANDREA JOHNSON,
Plaintiff,

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CASE NO. C17-5927 BHS

v.

ORDER DENYING PLAINTIFF’S
MOTIONS TO APPEAL IN FORMA
PAUPERIS

BRIAN BARNES, et al.,

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Defendants.

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This matter comes before the Court on the Court’s request for a response

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regarding service of the remaining defendants, Dkt. 73, Plaintiff Andrea Johnson’s

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(“Johnson”) responses, Dkts. 74–75, and Johnson’s motions for leave to appeal in forma

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pauperis. Dkts. 77–78.

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On August 30, 2018, the Court granted Defendant’s motion to dismiss and

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requested a response from Johnson regarding service of the remaining named Defendants.

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Dkt. 73. On September 17 and 23, 2018, Johnson responded and failed to address the

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Court’s concerns. Dkts. 74–75. Therefore, the Court dismisses Johnson’s remaining

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claims without prejudice for failing to properly serve defendants almost a year after filing

ORDER

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her original complaint. The Clerk shall enter a JUDGMENT in favor of Defendants

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Brian Barnes, Marc Christenson, Mike DeWitt, Hon Jonathon Lack, and Kimberly Reid

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dismissing Johnson’s claims with prejudice and in favor of Shelley Brandt, Margaret

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Brost, and Melissa Denton dismissing Johnson’s claims without prejudice.

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On September 29, 2018, Johnson filed two notices of appeal and two motions to

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appeal in forma pauperis. Dkts. 76–79. The Court finds that Johnson has failed to

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identify any debatable issue that should proceed to appeal. Therefore, the Court denies

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Johnson’s motions. Johnson, however, should be informed that she may move the Ninth

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Circuit Court of Appeals for permission to appeal in forma pauperis.

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IT IS SO ORDERED.

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Dated this 11th day of October, 2018.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER