Churchill v. Harrell

THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE PANO CHURCHILL, CASE NO. C23-1029-JCC Plaintiff, ORDER 11 v. BRUCE HARRELL, et al., 13 Defendants.

This matter comes before the Court on Plaintiff’s motion for reconsideration and notice of change of address (Dkt. No. 12). Having thoroughly considered the relevant record, the Court hereby GRANTS the motion for the reasons explained herein.

On July 13, 2023, Plaintiff’s application to proceed in forma pauperis was granted and his complaint was accepted for filing. The Court reviewed the record under the standards articulated in 28 U.S.C. § 1915(e)(2), construed the allegations of the complaint liberally (see Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010)), and found that the complaint was deficient (Dkt. No. 6). Plaintiff was given until August 1, 2023 to file an amended complaint curing the defects and identifying a viable claim for relief. No amended complaint was filed by the deadline, and the case was thus dismissed. (See Dkt. Nos. 9, 10.)

Plaintiff has filed a motion for reconsideration (Dkt. No. 12) seeking an extension of the time in which to file an amended complaint and asserting that he never received any communication from the Court due to an error in his mailing address. Indeed, the Court received notice that mail addressed to Plaintiff was returned as undeliverable. (See Dkt. Nos. 7, 8, 11.)

4 Having shown good cause for an extension, Plaintiff’s motion is GRANTED.

5 The Clerk is DIRECTED to reopen this case and renote the Order requiring Plaintiff to file an amended complaint (Dkt. No. 6) on the Court’s calendar for consideration to October 10, 2023. The Clerk is further DIRECTED to mail a copy of this order and Docket Number 6 to Plaintiff’s corrected mailing address at 9240 2nd Ave SW #C-224, Seattle, WA 98106.

9 DATED this 19th day of September 2023.

A John C. Coughenour 13 UNITED STATES DISTRICT JUDGE