Griffin v. White et al

Filing 8

ORDER MODIFYING REPORT AND RECOMMENDATION by Judge Benjamin H. Settle re 7 Objections to Report and Recommendation filed by Robert D Griffin. **3 PAGE(S), PRINT ALL**(Robert Griffin, Prisoner ID: 851075)(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROBERT D. GRIFFIN,

CASE NO. C18-5133 BHS-JRC

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Plaintiff,
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v.

ORDER MODIFYING REPORT
AND RECOMMENDATION

DAN WHITE, et al.,
Defendants.

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This matter comes before the Court on the Report and Recommendation (“R&R”)

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of the Honorable J. Richard Creatura, United States Magistrate Judge (Dkt. 6), and

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Plaintiff’s objections to the R&R (Dkt. 7).

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On March 20, 2018, Judge Creatura entered an order requiring that Plaintiff show

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cause why this case should not be consolidated with Plaintiff’s separate lawsuit, Griffin v.

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White, 3:17-cv-05841-RBL-JRC, also pending in this district. Dkt. 5. Judge Creatura

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instructed Plaintiff to file a response no later than April 20, 2018, or face dismissal or

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consolidation sua sponte. Id. at 2. Plaintiff did not respond to the show cause order. On

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May 11, 2018, Judge Creatura entered the R&R and recommended the dismissal of

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Plaintiff’s complaint without prejudice. Dkt. 6. On May 18, 2018, Plaintiff objected to the

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R&R. Dkt. 7.

ORDER - 1

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The district judge must determine de novo any part of the magistrate judge’s

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disposition that has been properly objected to. The district judge may accept, reject, or

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modify the recommended disposition; receive further evidence; or return the matter to the

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magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).

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Plaintiff’s objection requests that the Court consolidate the cases instead of

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dismissing his present complaint without prejudice. Reviewing the most recent amended

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complaint in Griffin v. White, 3:17-cv-05841-RBL-JRC, it is clear that these cases are

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predicated on the same alleged series of transactions or conduct and should be heard at

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the same time by the same judge. Plaintiff does not provide any explanation for his

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failure to timely comply with Judge Creatura’s show cause order, which plainly stated

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that failure to respond would result in consolidation or dismissal. However, dismissal

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without prejudice would mean that Plaintiff could still raise his claims by filing a motion

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and seeking leave of the Court in Griffin v. White, 3:17-cv-05841-RBL-JRC. Any

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functional distinction between consolidating the cases or dismissing without prejudice is

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de minimus.

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The Court having considered the R&R, Plaintiff’s objections, and the remaining
record, does hereby find and order as follows:

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(1)

The R&R is MODIFIED; and

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(2)

This action is CONSOLIDATED with Griffin v. White, 3:17-cv-05841-

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RBL-JRC.
The Clerk is directed to file this order in Cause No. 3:18-cv-05133-BHS and
Cause No. 3:17-cv-05841-RBL-JRC and then close Cause No. 3:18-cv-05133-BHS. No

ORDER - 2

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additional documents shall be filed in Cause No. 3:18-cv-05133-BHS and all future

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documents regarding these matters are to be filed in Cause No. 3:17-cv-05841-RBL-JRC.

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IT IS SO ORDERED.

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Dated this 19th day of June, 2018.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 3