Holtz v. Karr

Filing 51

ORDER granting 46 Motion for Extension of Time. Plaintiff's response to Defendants' motin to dismiss may be filed on or before 1/14/13. Defendants may flie their reply on or before 1/18/13. The Clerk is directed to RE-NOTEe Defendants' 41 MOTION to Dismiss for 1/18/2013. 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 RON HOLTZ, 6 7 8 9 10 11 12 13 Plaintiff, v. No. C12-5111 RJB/KLS MARTHA KARR, MARVIN SPENCER, C KOLLIN, SHARLA JAMES HUTCHISON, K MILLER, BRASWELL, JUDY SNOW, DANNY OTA, M JOURNEY, RICHARD ODEGARD, PIERCE COUNTY DETENTION AND CORRECTIONS CENTER, MICHAEL KAWAMURA, RICHARD WHITEHEAD, DEPARTMENT OF ASSIGNED COUNSEL, 14 15 ORDER GRANTING SECOND EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS Defendants. Before the Court is Plaintiff’s second motion for an extension of time to respond to 16 Defendants’ motion to dismiss. ECF No. 46. Plaintiff was sentenced on September 21, 2012 17 and anticipated a transfer from the Pierce County Jail to the Washington Correction Center in 18 Shelton, Washington on or about September 25, 2012. ECF No. 43-1. Defendants’ motion to 19 dismiss (ECF No. 41) was originally noted for October 12, 2012. ECF No. 41. Plaintiff’s first 20 motion (ECF No. 43) was granted and extended Plaintiff’s response time until December 10, 21 2012. ECF No. 45. 22 It appears that due to Plaintiff’s transfers, first to Washington Correction Center and 23 then to Monroe Corrections Center (see ECF No. 50), Plaintiff did not receive the Court’s 24 previous Order (ECF No. 45) and has had limited access to his legal materials and a law library. 25 Plaintiff requests an additional extension to respond to Defendants’ motion to dismiss. 26 Defendants have not filed a response to Plaintiffs’ request. ORDER - 1 1 2 Under these circumstances, the Court finds Plaintiff’s request for an extension to be reasonable. It is, accordingly, ORDERED: 3 (1) Plaintiff’s motion for an extension (ECF No. 46) is GRANTED. 4 (2) Plaintiff’s response to Defendants’ motion to dismiss may be filed on or before 5 January 14, 20131. Defendants may file their reply on or before January 18, 2013. The 6 Clerk is directed to re-note Defendants’ motion to dismiss (ECF No. 41) for January 18, 2013. 7 8 (3) The Clerk shall send a copy of this Order to Plaintiff and to counsel for Defendants. 9 DATED this 16th day of November, 2012. 10 A 11 12 Karen L. Strombom United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 The date requested by Plaintiff is a Sunday and the next day is a federal holiday. Therefore, the extension will be granted for January 14th, giving Plaintiff more than ample time to file his response. ORDER - 2

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