Blakely v. Peterson et al

Filing 15

ORDER GRANTING REQUEST FOR EXPEDITED HEARING AND DENYING SECOND MOTION FOR INJUNCTIVE RELIEF. Plaintiffs request for expedited review is GRANTED, but the Motion for Injunctive Relief ECF No. 14 is DENIED with leave to renew after Plaintiff has submitted a legally sufficient complaint. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)**2 PAGE(S), PRINT ALL**(Ralph Blakely, Prisoner ID: 817995)

1
2
3
4
5

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

6
7

RALPH HOWARD BLAKELY,
NO: 2:18-CV-0081-TOR
Plaintiff,

8
9
10

v.
PATRICK PETERSON and J. DOE
TONHOFER, M.D.,

ORDER GRANTING REQUEST FOR
EXPEDITED HEARING AND
DENYING SECOND MOTION FOR
INJUNCTIVE RELIEF

11
Defendants.
12
13

BEFORE THE COURT is Plaintiff’s second Motion for injunctive relief, for

14

which he seeks expedited review. ECF No. 14. Plaintiff, a prisoner at the Airway

15

Heights Corrections Center, is proceeding pro se and in forma pauperis; Defendants

16

have not been served. The Motion was considered without oral argument on the date

17

signed below.

18

By Order filed April 6, 2018, ECF No. 13, the Court denied Plaintiff’s initial

19

Motion for injunctive relief, ECF No. 8. Plaintiff had sought the return of his

20

wheelchair and a prescription for a particular medication. At that time, the Court

ORDER GRANTING REQUEST FOR EXPEDITED HEARING AND
DENYING SECOND MOTION FOR INJUNCTIVE RELIEF -- 1

1

lacked jurisdiction to address Plaintiff’s motion for injunctive relief as he had not

2

yet filed a legally sufficient complaint. See generally Fed. R. Civ. P. 3 and the notes

3

following the rule.

4

The Court found Plaintiff’s initial complaint failed to state a claim upon which

5

relief may be granted and directed Plaintiff to amend or voluntarily dismiss within

6

sixty (60) days. ECF No. 13. Plaintiff has not complied with that directive.

7

For the reasons set forth above and in the Court’s prior Order, ECF No. 13 at

8

16, IT IS ORDERED Plaintiff’s request for expedited review is GRANTED, but

9

the Motion for Injunctive Relief, ECF No. 14, is DENIED with leave to renew after

10

Plaintiff has submitted a legally sufficient complaint. Plaintiff is again encouraged

11

to pursue medical treatment at his incarcerating facility and to file medical

12

grievances when appropriate.

13
14
15

IT IS SO ORDERED. The Clerk of Court is directed to enter this Order and
provide a copy to Plaintiff.
DATED April 17, 2018.

16
17

THOMAS O. RICE
Chief United States District Judge

18
19
20

ORDER GRANTING REQUEST FOR EXPEDITED HEARING AND
DENYING SECOND MOTION FOR INJUNCTIVE RELIEF -- 2