State of Washington, et al., v. Trump., et al

Filing 83

ORDER by Judge James L. Robart denying James J. O'Hagan's 79 Motion to Intervene. (PM) cc: O'Hagan via the USPS

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Case 2:17-cv-00141-JLR Document 83 Filed 02/14/17 Page 1 of 2 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 STATE OF WASHINGTON, et al., 10 11 12 Plaintiffs, v. CASE NO. C17-0141JLR ORDER DENYING JAMES J. O’HAGAN’S MOTION TO INTERVENE DONALD J. TRUMP, et al., 13 Defendants. 14 Before the court is James J. O’Hagan’s filings dated February 9 and 13, 2017. 15 (Mot. (Dkt. # 79); Mem. (Dkt. # 80).) Mr. O’Hagan is proceeding pro se, and the court 16 liberally construes his filings as a motion to intervene in these proceedings and a 17 supporting memorandum. 18 Under Federal Rule of Civil Procedure 24(a), in order to intervene as of right in 19 this action, Mr. O’Hagan must establish that he has (1) “an unconditional right to 20 intervene by a federal statute,” or (2) “an interest relating to the . . . transaction that is the 21 subject of the action . . . .” Fed. R. Civ. P. 24(a). For permissive intervention, Mr. 22 ORDER - 1 Case 2:17-cv-00141-JLR Document 83 Filed 02/14/17 Page 2 of 2 1 O’Hagan must show that he has (1) “a conditional right to intervene by a federal statute,” 2 or (2) “a claim or defense that shares with the main action a common question of law or 3 fact.” Fed. R. Civ. P. 24(b)(1). The burden is on the proposed intervenor to demonstrate 4 that the conditions for intervention are satisfied. United States v. Alisal Water Corp., 370 5 F.3d 915, 919 (9th Cir. 2004). 6 Mr. O’Hagan’s filings are difficult, at best, to understand. (See Mot.; see Mem.) 7 In any event, Mr. O’Hagan fails to demonstrate that the conditions for either intervention 8 as of right or for permissive intervention are met. See Fed. R. Civ. P. 24(a)-(b)(1). 9 Accordingly, the court DENIES his motion to intervene (Dkt. ## 79, 80). 10 Dated this 14th day of February, 2017. 11 12 A 13 JAMES L. ROBART United States District Judge 14 15 16 17 18 19 20 21 22 ORDER - 2

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