Carter v. Washington Department of Corrections et al
Filing
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ORDER granting 41 Motion for Extension of Time. The Court will consider the Declaration (ECF No. 42) as having been timely filed. Defendants may file a reply on or before December 10, 2012. The Clerk is directed to re-note Defendants' motion for summary judgment 38 for December 10, 2012. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Plaintiff)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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DANIEL C. CARTER,
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Plaintiff,
WASHINGTON DEPARTMENT OF
CORRECTIONS, ELDON VAIL,
RONALD FRAKER, BRENT
CARNEY, JAY A. JACKSON, and
JAMIE CALLEY,
ORDER GRANTING LEAVE TO FILE
LATE REPLY
Defendants.
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No. C11-5626 RJB/KLS
v.
Pending before the Court is Defendants’ motion for summary judgment, which is
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presently noted for November 16, 2012. ECF No. 38. Therefore, Plaintiff’s response to the
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motion was due on November 12, 2012. On November 16, 2012, Plaintiff filed a motion for
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leave to file his reply brief past the deadline. ECF No. 41. He also filed a Declaration, which
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appears to be his response in opposition to Defendants’ motion for summary judgment. ECF No.
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42. Plaintiff states that he attempted to mail his response in a timely manner, but it was returned
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to him by prison authorities for failure to attach a “postage transfer” form. Id.
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Accordingly, it is ORDERED:
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(1)
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Plaintiff’s motion for leave to file reply (ECF No. 41) is GRANTED. The Court
will consider the Declaration (ECF No. 42) as having been timely filed.
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ORDER- 1
(2)
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Defendants may file a reply on or before December 10, 2012. The Clerk is
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directed to re-note Defendants’ motion for summary judgment (ECF No. 38) for December 10,
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2012.
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(3)
The Clerk shall send copies of this Order to Plaintiff and to counsel for
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Defendants.
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DATED this 30th day of November, 2012.
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A
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Karen L. Strombom
United States Magistrate Judge
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ORDER- 2
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