Carter v. Zuber et al

Filing 7

ORDER directing the Clerk to send Plaintiff an additional copy of the Order 5 and its attachments. The Court also extends the time in the Order to provide Plaintiff until 7/13/18 to file an amended complaint. Signed by Magistrate Judge David W. Christel. (Attachments: # 1 Previous Order to Show or Amend with attachments)(CMG)(cc mailed to Plaintff w/attachments)

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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,

ORDER

v.

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

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,

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Defendants.
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The District Court has referred this 42 U.S.C. § 1983 action filed by Plaintiff Jess R.

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19 Smith to United States Magistrate Judge David W. Christel. On May 10, 2018, the Court issued
20 an Order to Show Cause or Amend (“Order”), in which the Court declined to serve Plaintiff’s
21 Complaint but provided Plaintiff leave to file an amended complaint to cure the Complaint’s
22 deficiencies. Dkt. 5. The Order directed Plaintiff to file an amended complaint by June 11, 2018.
23 Id.
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ORDER - 1

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On May 25, 2018, Plaintiff signed – effectively filing – a “Notice of Plaintiff’s Change of

2 Address.” Dkt. 6. In that filing, Plaintiff asserts he has been in custody at King County Jail since
3 May 8, 2018 – two days prior to the Court issuing its Order. Id. at 2. Plaintiff further alleges
4 officials at King County Jail “seized” a copy of his Complaint and requests the Clerk’s Office
5 send him an additional copy of the Complaint. Id. at 2. The Clerk’s Office has sent Plaintiff a
6 copy of the Complaint.
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Due to the timing of Plaintiff’s address change and the Court’s issuance of the Order, it

8 appears Plaintiff did not receive the Order. Therefore, the Court directs the Clerk to send
9 Plaintiff an additional copy of the Order (Dkt. 5) and its attachments. The Court also extends the
10 time in the Order (Dkt. 5) to provide Plaintiff until July 13, 2018 to file an amended complaint.
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If Plaintiff fails to file an amended complaint or adequately address the issues raised in

12 the Order on or before July 13, 2018, the undersigned will recommend dismissal of this action
13 pursuant to 28 U.S.C. § 1915.
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Dated this 13th day of June, 2018.

A

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David W. Christel
United States Magistrate Judge

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ORDER - 2