Carter v. Washington Department of Corrections et al

Filing 44

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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1 2 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 DANIEL C. CARTER, 6 7 8 9 10 11 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. 12 13 No. C11-5626 RJB/KLS v. Pending before the Court is Defendants’ motion for summary judgment, which is 14 presently noted for November 16, 2012. ECF No. 38. Therefore, Plaintiff’s response to the 15 motion was due on November 12, 2012. On November 16, 2012, Plaintiff filed a motion for 16 leave to file his reply brief past the deadline. ECF No. 41. He also filed a Declaration, which 17 18 appears to be his response in opposition to Defendants’ motion for summary judgment. ECF No. 19 42. Plaintiff states that he attempted to mail his response in a timely manner, but it was returned 20 to him by prison authorities for failure to attach a “postage transfer” form. Id. 21 Accordingly, it is ORDERED: 22 (1) 23 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. 24 25 26 ORDER- 1 (2) 1 Defendants may file a reply on or before December 10, 2012. The Clerk is 2 directed to re-note Defendants’ motion for summary judgment (ECF No. 38) for December 10, 3 2012. 4 (3) The Clerk shall send copies of this Order to Plaintiff and to counsel for 5 Defendants. 6 7 8 DATED this 30th day of November, 2012. 9 A 10 11 Karen L. Strombom United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER- 2

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