United States District Court, W.D. Washington, Tacoma
W. CHRISTEL UNITED STATES MAGISTRATE JUDGE.
District Court has referred this action, filed pursuant to 42
U.S.C. §1983, to United States Magistrate Judge David W.
Christel. Plaintiff, proceeding pro se and in
forma pauperis, filed this civil rights Complaint
pursuant to 42 U.S.C. § 1983.
the Court are several motions filed by Plaintiff: (1) Motion
Requesting Copies of all Documents Related to this Case
(“Motion for Copies”) (Dkt. 21); (2) Motion to
Consolidate and Add Exhibit to Complaint (“Motion to
Consolidate”) (Dkt. 22); and (3) Motion for Extension
of Time to File Amended Complaint (“Motion for
Extension”) (Dkt. 23). The Court has not yet served
Plaintiff's Complaint. See Dkts. 13, 17.
Court denies Plaintiff's Motion for Copies (Dkt. 21) and
his renewed requests for copies in his Motion to Consolidate
(Dkt. 22) and Motion for Extension (Dkt. 23). The Court
grants in part Plaintiff's request for a status update
(Dkts. 21, 22). The Court denies Plaintiff's Motion to
Consolidate (Dkt. 22). The Court grants Plaintiff's
Motion for Extension (Dkt. 23) and directs Plaintiff to file
an amended complaint on or before August 1, 2019. The Court
denies Plaintiff's requests for subpoenas (Dkts. 22, 23).
Motion for Copies (Dkt. 21)
17, 2019, Plaintiff filed the Motion for Copies, wherein he
requests copies of all documents related to this case. Dkt.
21. Plaintiff states he has been removed from the Washington
Department of Corrections and placed in the custody of the
Los Angeles County Sheriff's Department, so he is no
longer in possession of his files. Dkt. 21.
receive copies from the Court, the requesting party must pay
$0.50 per page. As Plaintiff has not provided the necessary
payment, his Motion for Copies (Dkt. 21) is denied. The
Clerk's Office is directed to send Plaintiff copies of
the Court's fee schedule and the copying charge letter.
Plaintiff is also advised that it is his responsibility to
keep copies of any of his own pleadings and legal documents.
The Court notes Plaintiff renews his request for copies in
his Motion to Consolidate (Dkt. 22) and Motion for Extension
(Dkt. 23), which the Court also denies.
Deprivation of Property/Access to the Courts (Dkts. 21, 22,
three Motions, Plaintiff asks the Court to assist him in
obtaining his records/legal documents. See Dkts. 21,
22. In the Motion to Consolidate, Plaintiff alleges the Los
Angeles County Jail has denied him access to the law library
and asks the Court to notify the Los Angeles County Jail of
his pro se status. Dkt. 22. In the Motion for
Extension, Plaintiff alleges his mail was tampered with, and
he no longer has access to his legal documents. Dkt. 23 at
1-2. Plaintiff attaches a grievance he filed related to his
mail. Dkt. 23 at 3-6.
it appears Plaintiff attempts to raise a new, separate,
deprivation of property claim and/or access to the courts
claim. Plaintiff is advised if he seeks to raise claims which
occurred after he filed this case, he must file a separate
cause of action. An amended complaint may not change the
nature of a suit by alleging new, unrelated claims.
George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)
(no “buckshot” complaints); see also
Fed. R. Civ. P. 20(a)(2) (joinder of defendants not permitted
unless both commonality and same transaction requirements are
satisfied). The Clerk's Office is directed to send
Plaintiff a copy of the appropriate forms for filing a 42
U.S.C. 1983 civil rights complaint and for service.
Request for Status Update (Dkts. 21, 22)
the Motion for Copies (Dkt. 21) and Motion for Consolidation
(Dkt. 22), Plaintiff requests a status update in his two
pending cases. Plaintiff is proceeding pro se and
in forma pauperis in two separate civil actions,
both filed pursuant to 42 U.S.C. § 1983 and alleging
violations of his civil rights. See Wallace v. Pierce
County Sheriff's Department, et al., No.
3:19-cv-5329-RBL-DWC (“Wallace I”);
Wallace v. Longano et. al, No. 3:19-cv-05330-RJB-JRC
(“Wallace II”). The undersigned only has
authority as to the case pending before him, Wallace
I, thus, Plaintiff's request is granted in part. The
Clerk is directed to provide Plaintiff with a copy of the
docket sheet in the instant action, Wallace I.
Motion to Consolidate (Dkt. 22)
requests every document he has provided to the Court be
shared between his two pending cases, Wallace I and
Wallace II. Dkt. 22. The Court interprets this request
as a motion to consolidate this action with a separate ...