United States District Court, W.D. Washington, Tacoma
ORDER GRANTING PLAINTIFF'S MOTION FOR RELIEF FROM
Theresa L. Fricke, United States Magistrate Judge
42 U.S.C. § 1983 prisoner civil rights action, plaintiff
has filed two motions for various forms of relief, including
an extension of time to respond to the defendants' Motion
to Dismiss (Dkt. 10), leave to amend his complaint, and
injunctive relief to assist plaintiff in prosecuting this
suit, e.g. directing defendants to return his legal
documents. Dkt. 20; Dkt. 21. In his motions, plaintiff has
incorporated motions previously filed in another current
case. Dkt. 21, at 66-128. Defendants have filed a response
(Dkt. 22). Having considered the record before it, the Court
finds and ORDERS as follows:
(1) Plaintiff asks for a 60-day extension of his deadline to
file a response to the defendants' Motion to Dismiss.
Defendants do not object to a third extension of
plaintiff's deadline. Plaintiff's motion is
granted, and plaintiff shall have until
January 20, 2019 to file his response. This is
plaintiff's final extension from the Court. The clerk is
directed to re-note the Motion to Dismiss to January 24,
(2) Of the forms of injunctive relief plaintiff requests, his
primary concern is the return of his own, previously-printed
legal documents to his possession, and he requests this Court
to order defendants to find and return all the specific
documents, 14 boxes in quantity, that have been removed from
him over the course of this litigation and plaintiff's
transfers between various correctional facilities.
qualify for a preliminary injunction, plaintiff must show
that (1) he is likely to succeed on the merits; (2) he will
likely suffer irreparable harm in the absence of preliminary
relief; (3) the balance of equities tips in his favor; (4) an
injunction is in the public interest. Winter v. Natural
Res. Def. Council, Inc., 555 U.S. 7, 20 (2008).
Plaintiff has not yet responded to the defendants' motion
to dismiss, and the court is not able to determine at this
stage how likely it is that plaintiff's claims will
succeed on the merits. Although the Court recognizes that the
plaintiff's motion purports to resolve his delay in
responding, the Court does not find that plaintiff's
request is clearly and plainly meritorious enough to obtain
the extraordinary remedy of injunctive relief. See
id., at 24; see also Rizzo v. Goode, 423 U.S.
362, 378 (1976). The Court denies without
prejudice plaintiff's motion for injunctive relief as to
directing defendants to search for, collect and return
plaintiff's legal documents to him.
Likewise, plaintiff has also moved for injunctive relief
requesting the court to order (1) that Mr. Ahmad, a defendant
in another of plaintiff's suits, submit weekly
declarations as to the whereabouts of plaintiff's legal
documents, (2) that once returned, all plaintiff's legal
documents must be transported simultaneously with plaintiff
during transfers between facilities, (3) that plaintiff be
examined by a state psychiatric physician for effects of
long-term solitary confinement, (4) that defendants lift
plaintiff's phone restrictions and permit him to phone a
legal aid organization five times a week, and (5) that
plaintiff be escorted to the prison law library once per week
for the purpose of filing and receiving documents related to
this litigation. The Court finds that plaintiff has not met
the standard for a preliminary injunction and
denies these portions of plaintiff's
Plaintiff requests that the Court provide him a list of the
names and case numbers of all lawsuits he has filed since
June 2009, along with copies of the complaints and evidence
he submitted in these cases. The Court
grants his request for one courtesy copy of
a list of plaintiff's lawsuits. However, if the
Clerk's Office has already provided such a list to
plaintiff in response to his motion in Williams v. Gage et.
al., Case No. 2:18-00218-JCC-MAT, there is no need to provide
a separate copy for this case. Any additional court records
must be requested from the Clerk's Office and purchased
at a rate of $0.50 per page. On request for specific
documents, the Clerk's office will inform plaintiff of
the total charge for the pages and mail the requested
documents after plaintiff submits payment.
Finally, Plaintiff moves for leave to amend his complaint,
but plaintiff has not submitted a proposed amended complaint.
Plaintiff must submit a proposed amended complaint with his
motion for leave to amend. Therefore, the Court
denies this motion without prejudice.
 The Courts notes that this motion is
among plaintiff's duplicated motions also filed in other
litigation. Plaintiff's exhibits indicate that he has
already received an order from the Court in Williams v.
Gage et. al., Case No. 2:18-00218-JCC-MAT, addressing
precisely the same request for a list of case names, numbers,
and documents. The Court directs ...