Carter v. Zuber et al

Filing 18

ORDER re 17 Praecipe to Attach Document filed by Lonnie Ray Carter: The Court directs Plaintiff to comply with the Order (Dkt. 16) and file a second amended complaint containing all allegations and claims. Plaintiff is directed to file the secon d amended complaint as s single document. Once Plaintiff has filed the second amended complaint, Plaintiff shall not file additional pages to be inserted into the second amended complaint. The Court also grants Plaintiff an extension of time to file the second amended - now due on or before 10/5/18. Signed by Magistrate Judge David W. Christel. (CMG)(cc mailed to Plaintiff with updated docket sheet)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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LONNIE RAY CARTER,

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Plaintiff,

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ASHLEY A ZUBER, S RODDEY, TIM
THRASHER, V DALSEY, C
NEWTON, K BOWEN, R PFAFF, R
ALANIN, L SOWER, JAYNE OLSEN,
MELANIE S BRUNETTI, BISHOP,
DOUGLAS FRENCH, DIANA
BENNETT, MORGANSEN,
Defendant.

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ORDER

v.

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CASE NO. 3:18-CV-05286-RBL-DWC

The District Court has referred this 42 U.S.C. § 1983 action filed by Plaintiff Lonnie Ray
Carter to United States Magistrate Judge David W. Christel. Plaintiff initiated this lawsuit on
April 11, 2018. See Dkt. 1. On May 10, 2018, the Court issued an Order to Show Cause or
Amend, in which the Court declined to serve Plaintiff’s original Complaint but provided Plaintiff
leave to file an amended complaint by June 11, 2018, to cure the identified deficiencies. Dkt. 5.
Thereafter, the Court extended the deadline and provided Plaintiff until August 6, 2018, to file an

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ORDER - 1

1 amended complaint. Dkt. 10. On August 6, 2018, Plaintiff signed – effectively filing – an
2 “Amended Civil Rights Complaint by a Prisoner under 42 U.S.C. § 1983 and 42 U.S.C. Sub3 Section 1985(3)” (“Amended Complaint”). Dkt. 14.
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Subsequently, on August 8, 2018, Plaintiff signed – effectively filing – Plaintiff’s

5 “Motion to Supplement the Record to Concisely Set Forth the Infirm Constitutional Violations of
6 Plaintiff’s Civil Rights[;] Motion for Extension of Time” (“Motion”), seeking additional time to
7 insert facts into the Amended Complaint. Dkt. 15. The Court issued an Order granting the
8 Motion on August 22, 2018 (“Order”), providing Plaintiff until September 21, 2018 to file a
9 second amended complaint. Dkt. 16. The Court directed Plaintiff to plead all allegations and
10 claims in the second amended complaint. Id. Further, the Court provided Plaintiff notice of the
11 deficiencies in his Amended Complaint. Id.
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The day after the Court granted Plaintiff’s Motion, on August 23, 2018, Plaintiff signed –

13 effectively filing – a letter, and submitted pages to be attached into the Amended Complaint.
14 Dkt. 17. Plaintiff indicated he would send additional pages to be inserted into the Amended
15 Complaint. Id.
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The timing of the Court’s Order and Plaintiff’s letter indicates Plaintiff did not receive

17 the Order before mailing the letter. Hence, the Court directs Plaintiff to comply with the Order
18 (Dkt. 16) and file a second amended complaint containing all allegations and claims. Plaintiff is
19 directed to file the second amended complaint as a single document. Once Plaintiff has filed the
20 second amended complaint, Plaintiff shall not file additional pages to be inserted into the second
21 amended complaint.
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ORDER - 2

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The Court also grants Plaintiff an extension of time to file the second amended

2 complaint. Plaintiff is directed to file the second amended complaint on or before October 5,
3 2018.
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Dated this 4th day of September, 2018.

A

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David W. Christel
United States Magistrate Judge

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ORDER - 3