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ORDER STAYING ACTION AND 

VACATING PRETRIAL SCHEDULING ORDER 

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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

CURTIS S. THOMPSON, 

Plaintiff, 

v. 

OFFICER BURACH, et al., 

Defendants. 

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CASE NO. C05-2064-JLR-MAT 

ORDER STAYING ACTION AND 

VACATING PRETRIAL 

SCHEDULING ORDER 

 This is a civil rights action brought under 42 U.S.C. § 1983. On June 24, 2009, the 

Court received from plaintiff a letter in which he indicated that he would soon be transferred 

from the King County Jail to the Washington Department of Corrections. (See Dkt. 129.) 

Plaintiff requested therein that the Court refrain from sending him any legal papers until he 

notified the Court that he had arrived at his permanent facility. Plaintiff’s letter was filed in 

this action and in another pending action, C08-1065-JCC-JPD. The Court, in cause number 

C08-1065-JCC-JPD, construed plaintiff’s June 24, 2009, letter as a motion for a temporary stay 

and ordered that that action be stayed pending plaintiff’s transfer to a permanent location within 

the Washington Department of Corrections. (C08-1065, Dkt. 35.) The Court also ordered 

that the pretrial scheduling order be vacated. (Id.) 

 On September 14, 2009, this Court received a request from defendants to stay the instant 
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ORDER STAYING ACTION AND 

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action and to vacate the current pretrial scheduling order. (See Dkt. 135.) Defendants’ noted 

therein the Order issued in cause number C08-1065-JCC-JPD and the impracticality of 

proceeding with this action, which currently has a discovery deadline of October 12, 2009, 

while plaintiff is in transit. (Id.) As it appears that it would, in fact, be impractical for this 

action to go forward at the present time, a temporary stay is warranted. 

 Accordingly, the Court does hereby ORDER as follows: 

 (1) This action is STAYED pending plaintiff’s transfer to his designated facility, 

and the current pretrial scheduling order (Dkt. 128) is VACATED. Plaintiff is instructed to 

notify the Court and defendants’ counsel of his current address immediately upon arrival at his 

permanent location. The parties are advised that the current stay will remain in effect for not 

longer than sixty (60) days from the date of this Order. If plaintiff fails to provide the Court 

and defendants’ counsel with a current address within this time period, the Court will 

recommend dismissal of the instant action for failure to prosecute. 

 (2) The Clerk shall send copies of this Order to plaintiff at the Washington 

Corrections Center in Shelton, Washington1

, to counsel for defendants, and to the Honorable 

James L. Robart. 

 DATED this 15th day of September, 2009. 

 A

 Mary Alice Theiler 

 United States Magistrate Judge 

 

 1 Plaintiff indicates in his June 24, 2009, letter that his Department of Corrections (DOC) number is 

299085. Mail addressed to plaintiff at any DOC facility must clearly identify that number.