Richey v. Dahne

Filing 125

ORDER denying 123 Motion for Reconsideration, signed by Judge Benjamin H. Settle. **2 PAGE(S), PRINT ALL**(Thomas Richey, Prisoner ID: 929444)(GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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THOMAS W.S. RICHEY,
Plaintiff,

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v.

CASE NO. C12-5060 BHS
ORDER DENYING PLAINTIFF’S
MOTION FOR
RECONSIDERATION

D. DAHNE,

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Defendant.

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This matter comes before the Court on Plaintiff Thomas Richey’s (“Richey”)
motion for reconsideration. Dkt. 123.
On September 12, 2019, the Court denied Richey’s motion to suppress his letter to

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his wife because it agreed with Defendant D. Dahne’s (“Dahne”) assertion that Richey

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had failed to cite any relevant legal authority. Dkt. 120. On September 18, 2019, Richey

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filed the instant motion for reconsideration contesting the conclusion that he failed to cite

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any relevant legal authority. Dkt. 123. Richey argues that he provided authority for the

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fact that his letter is copyrightable. Id. Even if true, he fails to cite any relevant authority

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for the conclusion that the Court may not rely on a copyrighted work to establish a

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ORDER - 1

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misrepresentation to the Court. Thus, while Richey may have cited authority for an

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irrelevant issue, he failed to cite authority for the relevant issue before the Court.

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Richey also argues that the Department of Corrections’ confiscation of his letter

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violated the postal service’s regulations and his First Amendment rights. Id. at 3. The

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Court held that Richey must bring those claims in a separate action. Dkt. 120.

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Accordingly, the Court DENIES his motion for reconsideration.

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IT IS SO ORDERED.

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Dated this 23rd day of September, 2019.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2