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Bickle v. Cooney

United States District Court, W.D. Washington, Tacoma

March 25, 2015

KEVIN MICHAEL BICKLE, Plaintiff,
v.
PATRICK COONEY, BEN BARNER, SCOTT AHLF, OLYMPIA MUNICIPAL JAIL, Defendants.

ORDER TO SHOW CAUSE OR FILE AN AMENDED COMPLAINT AND TO COMPLY WITH COURT RULES

J. RICHARD CREATURA, Magistrate Judge.

The District Court has referred this 42 U.S.C. § 1983 civil rights action to United States Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR1, MJR3 and MJR4.

The Court has held this action in abeyance, waiting for plaintiff to cure his in forma pauperis defects (Dkt. 3). The Court received a copy of plaintiff's trust account statement on March 23, 2015 (Dkt. 11). The Court granted plaintiff in forma pauperis status March 24, 2015 (Dkt.13).

Plaintiff's original complaint is currently before the Court for initial review (Dkt. 14). Also before the Court are a number of letters authored by plaintiff over the last several weeks (Dkt. 2, 4, 5, and 10). In addition, plaintiff has filed a letter-style motion asking for leave to add another defendant to the action (Dkt. 7).

1. Letters to the Court.

All requests for Court action in a case must be presented as motions that plaintiff notes for hearing. See generally, Local Civil Rule 7. Filing letters that ask the Court for action is inappropriate. Further, the Clerk's Office scans letters into the system and then the letters are filed, but because there is not a motion or a noting date, there is nothing that brings the matter to the Court's attention for consideration. Plaintiff's letters do not appear on the Court's motion calendar.

Plaintiff has filed a number of letters that the Court will not consider (Dkt. 2, 4, 5, and 10). The Court notes that in some of these letters plaintiff threatens self harm (Dkt. 2 and 5). Plaintiff's letters to the Court are public documents. The Clerk's Office may share threatening information with jail officials.

2. Screening.

28 U.S.C. §1915A directs the Court to screen complaints prior to service. The statute states:

a) Screening.-The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
(b) Grounds for dismissal.-On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint-
(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from such relief.
(c) Definition.-As used in this section, the term "prisoner" means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions ...

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