9th Circuit 08-35785 Motion To Extend Time

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT _____________________________________________________________________________ _ _____________________________________________________________________________ _ ) ARTHUR WEST ) Plaintiff-Appellant ) No. 08-35785 ) D.C. No. 07-05580-RBL Vs. ) ) APPELLANT’S MOTION UNITED STATES ) TO EXTEND TIME SECRETARY OF ) DEFENSE, et al, ) Defendants-Appellees ) ______________________________)_______________________________________________ I. IDENTITY OF MOVING PARTY This motion is presented by appellant Arthur West. II. STATEMENT OF RELIEF SOUGHT The appellant respectfully requests this Court extend the time for the filing of Appellant’s Opening Brief by 60 days in the interests of justice and due to unavoidable casualty and misfortune. II. GROUNDS Due to an assault by a City of Olympia Attorney, Dale Kamerrer, on October 10, 2008, in the course of a proceeding before the Washington State Shoreline Hearings Board, (See attached copy of October 24, 2008 Police Report of Officer Sean Bell) appellant West suffers from a temporary disability involving his left hand and wrist. 1 APPELLANT’S MOTION TO EXTEND TIME

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ARTHUR WEST 120 State Ave. NE # 1497 Olympia, WA. 98501

Even after 3 months, this disability continues to interfere with appellant’s ordinary daily activities, (See ADA) and makes it very difficult to type or search through and review voluminous files. Appellant is under a continuing course of treatment and is presently taking both Lyrica and Vicodin for a persisting nerve injury, and some type of surgery may be necessary in the coming months. Although numerous witnesses have provided statements regarding the assault, and the State has covered medical treatment for appellant’s injuries from the Crime Victims Compensation Fund, the assailant has yet to be criminally prosecuted, perhaps because City of Lacey attorneys Joseph Svoboda and Ken Alf have a longstanding personal and professional relationship with their friend “Dale”, (see Sleasman v. City of Lacey, 159 Wn.2d 639, 151 P.3d 990 (2007), Valerio v. Lacey Police Department , 110 Wn. App. 163 , 172, 39 P.3d 332, (2002), Peekay, Inc., v. City of Lacey, Unpublished, Division II, No. 30595-0-II, (2004), and because they have inexplicably failed to appoint an impartial prosecutor to review the case. Conceivably, Ken and Joe just want to give their “Good Old Boy” buddy Dale a pass for conduct that would result in serious consequences for any ordinary citizen whose power and influence is of insufficient magnitude to allow them to commit violent criminal acts with impunity, in broad daylight, in front of witnesses, in the course of a civil proceeding, in a State Hearing room, confident that they are above the reach of the law. Similarly, the Thurston County Prosecutor’s office has a 30 year history of association with Mr. Kamerrer, (see Cingular Wireless, LLC v. Thurston County, 131 Wn. App. 756, 768,129 P.3d 300 (2006), Telford v. Thurston County Board of Commissioners, 95 Wn. App. 149, 974 P.2d 886 (1999), State of Washington v. Bence, 29 Wn. App. 223, 627 P.2d 1343(1981), Abernathy v. State 24 Wn. App. 179, 600 P.2d 640, (1979), a decade long history of employing “volatile” and abusive individuals such as Kamerrer, (See Broyles v. Thurston County No. 39502-II, Washington Division II Published Opinion, November 2008), a policy of tolerating and defending the aberrant actions of such individuals, and a pattern of unlawfully attempting to cover up the costs to the public resulting from their misconduct. (see West v. Thurston County, 146 Wn. App. 108, (2008). They probably aren’t going to prosecute their buddy Dale either, no

2 APPELLANT’S MOTION TO EXTEND TIME

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ARTHUR WEST 120 State Ave. NE # 1497 Olympia, WA. 98501

matter what he does, unless by accident, someone important gets in the way of one of his bellicose and violent forays, and is seriously injured or killed. Due to a number of other pressing concerns, appellant has yet to submit formal requests for investigation and/or criminal prosecution of Mr. Kamerrer to the Washington State Attorney General or the U.S. Attorney. Under such circumstances, the present lack of a State or federal criminal indictment is no fault of the appellant, and should not be counted against him. Plaintiff’s disability, in addition to the medication he has been prescribed, substantially interfere with and make much more difficult the preparation of legal documents, especially in cases like this present one involving numerous complicated issues. Under these circumstances, a reasonable accommodation in the form of a 60 day extension of time is in the interest of justice and will not prejudice the respondents.

IV CONCLUSION The requested extension of time is reasonable and in the interest of justice and the determination of this case on the merits. It should not prejudice the respondents. For the reasons noted herein, this motion should be granted. _____________ ARTHUR WEST DECLARATION OF MAILING On January 9, 2009, I served a copy of this document to Counsel for respondents, Olympia City Attorney Tom Morrill, Jessica Rossman, Christa Thompson, Carolyn Lake, Terrence Pruitt, and Helen Brunner by depositing it the U. S. mail. I certify the foregoing to be correct and true under penalty of perjury of the Laws of the State of Washington and these United States. Done this day of January 9, 2009. _________________ ARTHUR WEST

3 APPELLANT’S MOTION TO EXTEND TIME

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ARTHUR WEST 120 State Ave. NE # 1497 Olympia, WA. 98501