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ORDER

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

PARNELL EDWARDS,

Plaintiff,

v.

HAROLD CLARKE, et al.,

Defendants.

Case No. C06-5128RJB

ORDER ON PENDING

MOTIONS

This matter is before the court on (i) Plaintiff’s motion for sanctions (Doc. 22); (ii) Plaintiff’s

motion for an extension of time to conduct discovery (Doc. 24); and (iii) Defendants’ motion for summary

judgment (Doc. 28). The court, having reviewed the record does hereby find and ORDER:

1. Plaintiff’s motion for sanctions is DENIED. Plaintiff fails to show facts sufficient to award

any sanctions against Defendants or Defendants’ attorney in this matter. 

2. Plaintiff’s motion for an extension of time to conduct discovery is GRANTED. The following

dates shall be adhered to by the parties. All discovery shall be completed by January 30, 2007. Any

further dispositive motion shall be filed and served on or before February 28, 2007. The Joint Status

Report is due by April 15, 2007.

3. Pending before the court is Defendants motion for summary judgment (Doc. 28). The court

notes Defendants’ motion and supporting pleadings did not advise the pro se plaintiff as required by the

Ninth Circuit. While the court’s order directing service noted the requirements, out of an abundance of

caution and in order to make it perfectly clear to Plaintiff what is required, Plaintiff shall note the

Case 3:06-cv-05128-RJB Document 38 Filed 09/18/06 Page 1 of 2
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ORDER

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following:

The defendants have made a motion for summary judgment by which they seek to

have your case dismissed. A motion for summary judgment under Rule 56 of the Federal

Rules of Civil Procedure will, if granted, end your case.

Rule 56 tells you what you must do in order to oppose a motion for summary

judgment. Generally, summary judgment must be granted when there is no genuine issue of

material fact -- that is, if there is no real dispute about any fact that would affect the result

of your case, the party who asked for summary judgment is entitled to judgment as a matter

of law, which will end your case. When a party you are suing makes a motion for summary

judgment that is properly supported by declarations (or other sworn testimony), you cannot

simply rely on what your complaint says. Instead, you must set out specific facts in

declarations, deposition, answers to interrogatories, or authenticated documents, as

provided in Rule 56(e), that contradict the facts shown in the defendant’s declarations and

documents and show that there is a genuine issue of material fact for trial. If you do not

submit your own evidence in opposition, summary judgment , if appropriate, may be

entered against you. If summary judgment is granted, your case will be dismissed and there

will be no trial.

Rand v. Rowland, 154 F.3d 952, 962-963 (9th Cir. 1998). Accordingly, Defendants' motion for

summary judgment is renoted for consideration on October 13, 2006. Regardless to the extension of

discover granted above, Plaintiff’s opposition brief, along with the required declarations or other

sworn statements, shall be filed no later than Tuesday, October 10, 2006. 

4. The clerk is further directed to send copies of this Order to plaintiffs and to counsel for

defendants. 

DATED this 18th day of September, 2006.

/s/ J. Kelley Arnold 

J. Kelley Arnold

United States Magistrate Judge

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