Opinion
C21-5080-MJP-SKV
12-20-2021
NB'TEHUTI HERU-PTAH DaGREAT, a/k/a/ Terrell L. Wilson, Plaintiff, v. RONALD HAYNES, et al ., Defendants.
ORDER DIRECTING CLERK TO SEND DOCUMENTS TO PLAINTIFF AND RENOTING DEFENDANTS' SUMMARY JUDGMENT MOTION
S. KATE VAUGHAN UNITED STATES MAGISTRATE JUDGE
This is a civil rights action proceeding under 42 U.S.C. § 1983. On November 5, 2021, Defendants filed a motion for summary judgment in this matter which they noted on the Court's calendar for consideration on December 3, 2021. Dkt. 31. Defendants' motion papers were directed to Plaintiff, via e-mail, at the Washington State Penitentiary (“WSP”) which is Plaintiff's address of record. See Dkt. 33 at 2, Dkt. 34. WSP staff thereafter advised the Court that Defendants' motion papers could not be delivered because, at the time they were filed, Plaintiff was “out to court and at another facility.” See Dkt. 34. WSP staff also advised that they did not know when Plaintiff might return, and that their records indicated Plaintiff was “in Spokane” and “likely at [the Airway Heights Corrections Center].” Id. at 1. Plaintiff has had no communication with the Court since Defendants' motion papers were filed.
This Court's local rules require a party to promptly notify the Court of any change of address, LCR 10(f), which Plaintiff did not do. However, despite Plaintiff's failure to comply with the local rules, the Court is reluctant to proceed to disposition of Defendants' outstanding summary judgment motion without giving Plaintiff some opportunity to respond. Thus, in an effort to move this action forward, the Court conducted its own research into Plaintiff's whereabouts, based on the information provided by WSP staff, and located Plaintiff at the Spokane County Jail. Having now located Plaintiff, the Court will direct the Clerk to send Plaintiff copies of Defendants' motion papers at his current address and will re-note Defendants' motion to allow Plaintiff time to file a response should he elect to do so.
Based on the foregoing, the Court hereby ORDERS as follows:
(1) The Clerk shall send copies of Defendants' summary judgment motion papers (Dkts. 31-33), of Plaintiff's complaint (Dkt. 6), and of this Order, to Plaintiff at the Spokane County Jail, addressed as follows: Terrell L. Wilson, c/o Spokane County Detention Services, 1100 West Mallon Avenue, Spokane, WA 99260-0320.
(2) Defendants' motion for summary judgment (Dkt. 31) is RE-NOTED on the Court's calendar for consideration on Friday, January 28, 2022. Plaintiff's response to Defendants' motion, if any, must be filed not later than Monday, January 24, 2022.
(3) The Clerk is directed to send copies of this Order to counsel for Defendants, and to the Honorable Marsha J. Pechman.