Williams v. Cogburn et al

Filing 16

ORDER granting 15 Motion for Extension of Time. Plaintiff now has until August 3, 2018 to file a response to the order to show cause or file an amended complaint. **See Order for Details** Signed by Magistrate Judge J Richard Creatura.**2 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 ANTHONY WILLIAMS,
Plaintiff,

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CASE NO. 3:17-cv-06077-BHS-JRC
ORDER GRANTING EXTENSION

v.
CARL COGBURN,
Defendant.

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This 42 U.S.C. § 1983 civil rights matter has been referred to Magistrate Judge J. Richard

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Creatura pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and Local Magistrate Judge Rules MJR

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1, MJR 3, and MJR 4.

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This Court entered a report and recommendation recommending plaintiff’s action be

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dismissed for failure to obey a court order when plaintiff failed to respond to an order to show

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cause or amend. Dkt. 12. Plaintiff then filed a motion for extension to respond to the order to

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show cause. Dkt. 13. The Court vacated its report and recommendation and provided plaintiff

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until June 22, 2018 to file his response or amended complaint. Dkt. 14. Plaintiff has now filed a

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ORDER GRANTING EXTENSION - 1

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second motion for an extension to respond or file an amended complaint. Dkt. 15. Plaintiff

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requests an additional 60 days because he has several other cases filed with competing deadlines,

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and since this complaint has not yet been served, he wishes to focus on his other cases before

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pursuing this one. Id.

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Because it is so early in the case, an extension would not prejudice any of the parties.

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However, 60 days is excessive considering plaintiff was first ordered to show cause in March of

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2018. See Dkt. 11. Therefore, it is ordered:

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1) Plaintiff’s motion for extension (Dkt. 15) is granted. Plaintiff now has until August 3,
2018 to file a response to the order to show cause or file an amended complaint.
2) The Court notes that this is plaintiff’s second motion for extension to file his first

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amended complaint. Because the sole defendant has not even been served with a

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viable complaint and the case is already several months old, the Court will not look

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favorably on future delay.

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3) The Clerk is directed to note plaintiff’s new deadline on the docket.

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Dated this 22nd day of June, 2018.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING EXTENSION - 2