Canty v. King County et al

Filing 52

ORDER Directing Response to Plaintiff's 49 Motion for Injunctive Relief ; directing defendants to file a response to the motion no later than 7/31/2017 ; Plaintiff may file a reply brief in support of his motion not later than 8/4/2017 ; Plaintiff's 49 Motion for Preliminary Injunctive Relief NOTED for 8/4/2017, signed by Hon. James P. Donohue. (SWT) (cc: Plaintiff via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KYLE LYDELL CANTY,
Plaintiff,

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Case No. C16-1655-RAJ-JPD

v.
ORDER DIRECTING RESPONSE TO
MOTION FOR INJUNCTIVE RELIEF

CITY OF SEATTLE, et al.,
Defendants.

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This is a civil rights action proceeding under 42 U.S.C. § 1983. This matter comes before

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the Court at the present time on plaintiff’s motion for a temporary restraining order. (Dkt. 49.)

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Plaintiff requests in his motion that he be granted a temporary restraining order against all

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defendants named in his amended complaint, and all City of Seattle police officers, to preclude

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those individuals and entities from engaging in the type of misconduct alleged in plaintiff’s

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amended complaint for a period of five years from the date on which his motion was filed. The

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City of Seattle defendants have filed a notice of their intent to oppose plaintiff’s motion. (Dkt.

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51.) The Court, having reviewed plaintiff’s motion, and the balance of the record, finds and

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ORDERS as follows:

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ORDER DIRECTING RESPONSE TO
MOTION FOR INJUNCTIVE RELIEF - 1

(1)

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Plaintiff has not demonstrated, as is required by Rule 65(b) of the Federal Rules

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of Civil Procedure, that he will suffer immediate and irreparable injury, loss, or damage before

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defendants can be heard in opposition. The Court therefore construes plaintiff’s motion as one

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for preliminary injunction rather than as one for temporary restraining order and directs

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defendants to file a response to the motion no later than July 31, 2017.
(2)

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Plaintiff may file a reply brief in support of his motion not later than August 4,

(3)

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Plaintiff’s motion for preliminary injunctive relief (Dkt. 49) is NOTED on the

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Court’s calendar for consideration on August 4, 2017.
(4)

The Clerk is directed to send copies of this Order to plaintiff, to counsel for the

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City of Seattle defendants, to the King County Prosecutor’s Office, and to the Honorable Richard

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A. Jones.

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DATED this 12th day of July, 2017.

A

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER DIRECTING RESPONSE TO
MOTION FOR INJUNCTIVE RELIEF - 2