Irby v. State of Washington et al

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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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TERRANCE JON IRBY,
Plaintiff,

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v.

ORDER STRIKING PORTION OF
PRIOR ORDER AND MOTION
AS MOOT

STATE OF WASHINGTON, et al.,
Defendants.

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CASE NO. C15-5208 RJB

This matter comes before the Court sua sponte. The Court has considered the record and

17 is fully advised.
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On February 28, 2017, the undersigned issued an order, indicating that Plaintiff’s

19 February 16, 2017 Motion for Clarification (Dkt. 30) “raises a substantial issue” and pursuant to
20 Fed. R. Civ. P. 62.1(b), ordered Plaintiff to “promptly notify the circuit clerk under Federal Rule
21 of Appellate Procedure 12.1” that the undersigned found that Plaintiff’s “motion raises a
22 substantial issue.” That same day, the Ninth Circuit Court of Appeals vacated this Court’s May
23 18, 2015 order that adopted a report and recommendation and denied Plaintiff in forma pauperis
24 status. Dkt. 32. Accordingly, the portion of this Court’s February 28, 2017 order requiring
ORDER STRIKING PORTION OF PRIOR ORDER
AND MOTION AS MOOT- 1

1 Plaintiff to notify the circuit clerk that the undersigned found his motion for clarification “raises
2 a substantial issue” should be stricken as moot. Further, his motion for clarification (Dkt. 30)
3 should be stricken as moot.
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IT IS SO ORDERED.

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The Clerk is directed to send uncertified copies of this Order to all counsel of record and

6 to any party appearing pro se at said party’s last known address.
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Dated this 28th day of February, 2017.

A
ROBERT J. BRYAN
United States District Judge

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ORDER STRIKING PORTION OF PRIOR ORDER
AND MOTION AS MOOT- 2