United States District Court, W.D. Washington, Tacoma
ORDER GRANTING MOTION FOR EXTENSION OF TIME
J. BRYAN United States District Judge
matter comes before the Court on the Plaintiff's
“Motion to Extend Any and All Response Dates to Respond
to Any All Deadlines” (Dkt. 107) and the Report and
Recommendation of U.S. Magistrate Judge David W. Christel
(Dkt. 102). The Court has considered the motion, the Report
and Recommendation, objections, if any, and the remaining
a pro se prisoner, filed this civil rights case on April 28,
2016. Dkt. 1. Plaintiff raises two claims in his Second
Amended Complaint: (1) Defendants Lieutenant Charla James
Hutchinson and Sergeant Caruso denied Plaintiff due process
when they revoked his good time credits, and (2) Defendants
Pastor and Spencer created a policy which denied Plaintiff
incoming mail. Dkt. 99.
1, 2017, a Report and Recommendation was filed, recommending
that the Court deny Plaintiff's two motions for
injunctive relief (Dkts. 52 and 65) because both motions seek
relief on matters outside the claims raised in the Second
Amended Complaint. Dkt. 102. By minute order, the Report and
Recommendation is noted for consideration on June 16, 2017.
24, 2017, Plaintiff filed a pleading entitled
“Emergency Motion for an Evidentiary Hearing, ”
in which he states that he was transferred to Western State,
an inpatient psychiatric hospital, for a competency
evaluation. Dkt. 104. In that motion, Plaintiff alleges that
all his legal documents were taken from him when he was
transferred. Id. Plaintiff seeks an evidentiary
hearing, a return of his legal documents, and a finding that
Defendants violated his constitutional rights. Id.
Plaintiff filed a similar motion the next day (Dkt. 106), a
third and fourth on May 26, 2017 (Dkts. 108 and 109). These
motions are noted for June 30, 2017.
on May 26, 2016, Plaintiff filed a Motion to Extend Any and
All Deadlines, Response Dates, to Respond to Any and All
Deadlines. Dkt. 107. In this motion, Plaintiff again explains
that he was transferred to Western State and did not have any
of his legal documents. Id. He moves the Court for
an extension of all deadlines but does not request a specific
timeframe. Id. This motion was noted for
consideration on June 16, 2017. Id.
1, 2017, Defendants filed a Motion to Consolidate Pursuant to
Civ. R. 42 (Dkt. 111) and noted the motion for June 23, 3017.
In this motion, Defendants assert that Plaintiff filed two
separate related actions asserting civil rights claims
regarding his confinement in the Pierce County, Washington
Jail. Id. Defendants move to have the cases
14, 2017, Plaintiff notified the Court that he has been moved
from Western State and the Pierce County, Washington Jail to
a state facility - Monroe Correctional Complex. Dkt. 119.
Plaintiff states that he has not received any of his legal
15, 2017, Plaintiff filed objections to the Report and
Recommendation. Dkt. 120. He asserts that his motions for
temporary restraining orders (Dkts. 52 and 65) should be
granted, repeating his prior assertions. Id.
Plaintiff asserts that the Report and Recommendation should
not be adopted because, although it states he requests relief
outside the Second Amended Complaint, the Report and
Recommendation fails to mention that the relief he seeks in
his motions for injunctive relief is requested, in part, in
the Second Amended Complaint. Id. Plaintiff asserts
that the Report and Recommendation's finding that
Plaintiff has access to written legal materials is false.
Id. Although Plaintiff is no longer housed at the
Pierce County Jail, he continues to assert that the jail
“is violating his right to send and receive mail,
” the jail is denying him access to legal materials,
and the jail is violating his rights “due to the jail
do [sic] not have [sic] a disciplinary hearings board
Plaintiff is being held in solitary confinement.”
interest of due process, Plaintiff's motion for an
extension of time for all deadlines (Dkt. 107) should be
granted. Although Plaintiff has already filed objections to
the Report and Recommendation, Plaintiff has again been moved
and has provided sufficient good cause for a short extension
of time. The Report and Recommendation (Dkt. 102) should be
renoted for July 14, 2017. If Plaintiff wishes to file
supplemental objections, those objections should be filed by
July 7, 2017, and address whether he is still entitled to the
relief he seeks due to his move out of the jail and into
Monroe. If Defendants wish to respond to this issue or other
matters raised in the supplemental objections, any such
response should be filed by July 14, 2017.
other pending motions (Dkts. 104, 106, 108, 109 and 121)
should be considered together after a decision on the Report
and Recommendation has been issued. Defendants' Motion to
Consolidate Pursuant to Civ. R. 42 (Dkt. 111) should also be
considered after the order regarding the Report and
Recommendation filed. Plaintiffs motions (Dkt. 104, 106, 108,
109, and 121) and Defendants' Motion to Consolidate
Pursuant to Civ. R. 42 (Dkt. 111) should be renoted for
August 4, 2017. Any further motions should be noted for
consideration by the Clerk of the Court no earlier than
August 4, 2017.
o Plaintiff s “Motion to Extend Any and All Response
Dates to Respond to Any All Deadlines” (Dkt. 107) IS
o The Report and Recommendation of U.S. Magistrate Judge
David W. Christel (Dkt 102) IS ...