Irby v. State of Washington et al
| Terrance Jon Irby |
| State of Washington, Bernie Warner, Dan Pacholke, Steve Sinclair, Ron Knight, Juan Palomo, David McKinney, Chris Bowman, Scott Frakes, Jerry Dunleavy, Superintendent Obenland, Dr. Johnson, Dr. Guedry, Brenda McKinney, RN Cleveland, Jane Doe, John Doe, Nurse Fobes, Russ McKinney, Sgt. Kreps, Sgt. Zabodny, Roberts, Nurse Egalworth and ARNP Kroha |
| 3:2015cv05208 |
| March 31, 2015 |
| US District Court for the Western District of Washington |
| Tacoma Office |
| King |
| Robert J. Bryan |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
314
ORDER ADOPTING REPORT AND RECOMMENDATION re 307 Denying as Moot Motion for Miscellaneous Relief, filed by Terrance Jon Irby, 304 Objections to Report and Recommendation filed by Terrance Jon Irby, 306 Denying as Moot Motion to Stay filed by Terrance Jon Irby; this matter is DISMISSED; the Court will not issue a Certificate of Appealability; signed by Judge Ronald B. Leighton. **1 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(DN)
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Filing
301
ORDER that the Court denies plaintiff's motion for certificate of appealability 266 ; motion to strike defendant Furst's motion for summary judgment 275 ; motion for enlargement of time 276 ; motion to transmit record 278 ; motion for c larification 285 , and motion to strike 290 insofar as it makes no request for this Court's action. The Court grants plaintiff's motion to strike 290 insofar as the Court interprets it as a motion to withdraw, and grants plaintiff 9;s motion to dismiss defendants 293 . Because the Court granted plaintiff's motion to strike 290 in part, the Clerk is directed to strike plaintiff's motion for clarification 270 . Signed by Magistrate Judge J Richard Creatura. (cc: USCA) **6 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)
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Filing
282
ORDER TO SHOW CAUSE: the parties are directed to show cause on or before 3/16/18, why this matter should not be stayed pending the outcome of plaintiff's appeal challenging this Court's recommendation and the District Court's decision to adopt that recommendation, dismissing plaintiff's case.The Clerk is directed to re-note all outstanding motions with noting dates earlier than that (Dkts. 257, 261, 266, 270, 275, 276, 278) to 3/16/18. Signed by Magistrate Judge J Richard Creatura. **3 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)
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Filing
279
ORDER that Plaintiff's 256 Motion to Withdraw is GRANTED IN PART. The Clerk is directed to strike all of plaintiff's requested documents (Dkt. 246-247, 249-255) except the notice of appeal to the district judge (Dkt. 248). Signed by Magistrate Judge J Richard Creatura.**2 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)
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Filing
245
ORDER ADOPTING REPORT AND RECOMMENDATION re 244 Defendants motions to dismiss [198, 208] are Granted in Part and Denied in Part; Plaintiff's claims for access to the courts and claims under the Americans with Disabilities Act are dismissed w ith leave to amend; all remaining claims are Dismissed without leave to amend; all outstanding motions are Denied without prejudice; Plaintiff has until 2/2/18 to file another amended complaint; signed by Judge Ronald B. Leighton. **2 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(DN)
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Filing
243
ORDER granting in part Defendant Guidry's 227 Motion to Strike, signed by Magistrate Judge J Richard Creatura. **2 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)
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Filing
225
ORDER ADOPTING REPORT AND RECOMMENDATION re 195 Voluntarily Dismissing Defendants Abraha, Roberts, Mowder, and Engalworth, signed by Judge Ronald B. Leighton. **1 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(DN)
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Filing
189
ORDER that Plaintiff's motion to strike 177 is granted. The Clerk is instructed to strike plaintiff's motion for judgment on the pleadings 133 . Plaintiff's second motion to strike 180 is denied as duplicative. Plaintiff's motion to correct 178 is granted. The Clerk is instructed to docket plaintiff's corrected complaint filed with the motion (Dkt. 178 at 1-30) as plaintiff's third amended complaint. The third amended complaint will be the operative comp laint in this action. Plaintiff's second motion to correct 182 is denied as duplicative. The Clerk is instructed to re-note plaintiff's motion for preliminary injunction 100 to 11/17/17. The Clerk is further instructed to re-note defe ndant Guidry's motion to dismiss for failure to state a claim 126 to 11/17/17. Defendants may file supplemental answers to plaintiff's motion for preliminary injunction on or before 11/13/17. Signed by Magistrate Judge J Richard Creatura.**4 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)
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Filing
160
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 125 DISMISSING Defendant Dale Robertson, PA-C; Defendant Robertson is no longer a party in this case; signed by Judge Ronald B. Leighton. **1 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(DN)
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Filing
158
ORDER granting Plaintiff's 144 motion to modify preliminary injunction, and granting 154 motion for leave to file a reply to defendant's response to Plaintiff's motion for a judgment on the pleadings. Plaintiff's reply brief is due on or before 106/17. Signed by Magistrate Judge J Richard Creatura.**2 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)
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Filing
130
ORDER that the Court will not overrule or otherwise alter Judge Creatura's decisioin. Irby's 127 Objections are REJECTED, and his request for reconsideration or alternative relief is DENIED, signed by Judge Ronald B. Leighton.**2 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)
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Filing
113
ORDER that Case Nos. C16-5052, C17-5070, and C17-5377RBL/JRC are consolidated with this action. This action shall remain the lead case, and all future filings shall bear case number C15-5208RBL/JRC. Plaintiff shall file one amended complaint settin g forth all claims in this consolidated matter on or before July 14, 2017. The amended complaint shall be the operative complaint in this consolidated action, and is limited to 25 pages in length, including exhibits. The stay is continued until July 14, 2017. **SEE ORDER FOR DETAILS** Signed by Magistrate Judge J Richard Creatura. **4 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)
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Filing
94
ORDER that the parties SHOW CAUSE on or before 5/19/17, why this case should not be consolidated with C16-5052RBL/JRC and C17-5070RBL/JRC. The parties' response to this order is limited to 5 pages. Plaintiff is directed to file ONE complete mo tion for preliminary injunction, addressing all of his claims on or before 5/19/17. Plaintiff's motion is limited ten pages. In addition, the Court orders that all three cases are stayed pending the parties' response to this Order. The p arties are advised that until the stay is lifted, the Court will not consider any future filings, aside from the response to this Order and plaintiff's ONE motion for injunctive relief. The Court may strike any pleading that does not comply wit h this Order. The Clerk is directed to also file this Order in Case Nos. 16-5052 and 17-5070 and re-note all pending motions to May 19, 2017. Signed by Magistrate Judge J Richard Creatura. **4 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)
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Filing
55
ORDER denying 45 Motion to Appoint Counsel; denying 46 Motion for free copy of the local rules; denying 50 Motion to reserve objections; denying 51 Motion for a free copy of the local rules; and denying 52 Motion to Appoint Counsel. Signed by Magistrate Judge Karen L Strombom.**3 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)
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Filing
49
ORDER ON REVIEW OF REFUSAL TO RECUSE re plaintiff's 47 Motion for Recusal. by Chief Judge Ricardo S Martinez.**2 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(RS)
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Filing
48
ORDER that the undersigned DECLINES to recuse voluntarily. Plaintiff's 47 MOTION for Recusal of the undersigned is REFERRED to Chief Judge Ricardo Martinez for decision and the Clerk of the Court is directed to place the motion for recusal of the undersigned on Judge Martinez' motion calendar. This action and all motions currently pending before the Court are hereby STAYED pending resolution of the recusal issue. No further motion shall be filed in this matter until the stay is lifted. Any motion filed while the matter is stayed shall not be considered and shall be dismissed. Signed by Magistrate Judge Karen L Strombom. **4 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)
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Filing
44
ORDER denying 34 Motion to Join Governor Inslee; denying 35 Motion to join the entity; and denying 36 Motion to Consolidate Cases. Signed by Magistrate Judge Karen L Strombom.**3 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)
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Filing
33
ORDER that the portion of this Court's February 28, 2017 order 31 requiring Plaintiff to notify the circuit clerk that the undersigned found his motion for clarification "raises a substantial issue" should be stricken as moot. Further, his motion for clarification 30 should be stricken as moot. Signed by Judge Robert J. Bryan.**2 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG) Modified on 2/28/2017: added link to ECF #31 (CMG).
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Filing
15
ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING APPLICATIONS TO PROCEED IN FORMA PAUPERIS, AND DIRECTING PLAINTIFF TO PAY THE FILING FEE, signed by Judge Robert J. Bryan. (cc: Terrance Irby @ CBCC address.)(DK)
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Filing
8
ORDER TO SHOW CAUSE re 1 MOTION for Leave to Proceed In Forma Pauperis filed by Terrance Jon Irby, signed by Magistrate Judge Karen L Strombom. Show Cause Response or filing fee due by 5/8/2015. (CMG; cc to Plaintiff)
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