Wells v. Demars et al

Filing 44

ORDER denying 36 Motion to Appoint Counsel ; denying 37 Motion for Extension of Time; and denying 42 Motion for Leave to File additional responsive pleadings. Signed by Magistrate Judge J Richard Creatura.(CMG; cc to Plaintiff)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 RAYNE DEE WELLS JR, 11 12 13 Plaintiff, CASE NO. C11-5759 BHS-JRC ORDER ON PLAINTIFF’S OUTSTANDING MOTIONS v. STEVEN DEMARS et al. Defendants. 14 15 16 The district court has referred this 42 U.S.C. § 1983 civil rights action to the undersigned 17 Magistrate Judge pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and Local Magistrate Judge 18 Rules MJR 1, MJR 3, and MJR 4. 19 Plaintiff asks the Court to appoint counsel and to compel defendants to identify persons 20 (ECF No. 36). The Court has already addressed both of these issues in prior motions (ECF No. 21 15, and 24). 22 As defendants note in their response (ECF No. 39), plaintiff is a seasoned litigator who 23 has filed over 13 actions since 2005 in state court and has filed a number of cases in federal 24 court, as well (ECF No. 39). Plaintiff is articulate and well able to represent himself in this ORDER ON PLAINTIFF’S OUTSTANDING MOTIONS - 1 1 matter. Further, defendants assert that they have provided plaintiff with the discovery in question 2 and that he does not contest defendants’ assertions (ECF No. 36). Both motions contained in 3 ECF No. 36 -- the motion for appointment of counsel and the motion to compel discovery -- are 4 DENIED. 5 Plaintiff asks for additional time to respond to defendants’ cross motion for summary 6 judgment (ECF No. 37). Plaintiff’s response was received September 25, 2012 (ECF No. 35). 7 Plaintiff has shown no good cause for the request. The motion for an extension of time is 8 DENIED. The Court will consider the response on file. 9 Plaintiff also asks for leave of Court to file “additional responsive pleadings” to 10 defendants’ cross motion for summary judgment (ECF No. 42). The rules of this Court allow for 11 a motion, as response, and a reply. See, Local Rule 7. Plaintiff’s motion is DENIED. 12 Dated this 2nd day of November, 2012. 13 14 15 A J. Richard Creatura United States Magistrate Judge 16 17 18 19 20 21 22 23 24 ORDER ON PLAINTIFF’S OUTSTANDING MOTIONS - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?