Irby v. State of Washington et al

Filing 44

ORDER denying 34 Motion to Join Governor Inslee; denying 35 Motion to join the entity; and denying 36 Motion to Consolidate Cases. Signed by Magistrate Judge Karen L Strombom.**3 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 TERRANCE JON IRBY, Plaintiffs, 9 v. 10 11 STATE OF WASHINGTON, et al., Defendants. 12 CASE NO. C15-5208-RJB-KLS ORDER DENYING MOTIONS TO JOIN GOVERNOR JAY INSLEE, TO JOIN “THE ENTITY,” AND TO CONSOLIDATE (DKTS. 34, 35, AND 36) 13 Before the Court are a number of motions filed by pro se plaintiff Terrance Jon Irby. 14 Dkts. 34, 35, and 36. Under separate orders, plaintiff’s application to proceed in forma pauperis 15 was granted and the Clerk was directed to serve his civil rights complaint (Dkts. 42 and 43). 16 After review, the Court finds that Mr. Irby’s motions should be denied. 17 A. Motion to Join Governor Inslee – Dkt. 34 18 Plaintiff seeks to join Governor Inslee pursuant to Fed. R. Civ. P. 15(a) and 19(a). He 19 also “motions for local rules of the court” and for service of his complaint. By separate order, 20 the Court has directed service of plaintiff’s complaint. If plaintiff wishes to obtain a copy of the 21 Court’s local rules, he may contact the Clerk’s Office and make arrangement to pay for a copy. 22 23 ORDER DENYING MOTIONS TO JOIN GOVERNOR JAY INSLEE, TO JOIN “THE ENTITY,” AND TO CONSOLIDATE (DKTS. 34, 35, AND 36) - 1 1 With regard to plaintiff’s motion to join Governor Inslee as a party, plaintiff has stated no 2 factual or legal basis for joinder of the governor in his official or personal capacity. Moreover, 3 the Eleventh Amendment bars all claims for damages against Governor Inslee in his official 4 capacity. See Will v. Mich. Dep't State Police, 491 U.S. 58, 71 (1989). This motion is denied. 5 B. Motion to Join Entity – Dkt. 35 6 It is not clear what relief plaintiff seeks in this motion. He purports to seek leave of court 7 to “join the entity,” i.e., the State of Washington, pursuant to Fed. R. Civ. P. 15(a), 19(a), and 21. 8 He states that “by naming the State of Washington with the intent of joining the ‘municipality,’ 9 assignment of damages will follow in further pleadings.” Dkt. 35. 10 The State of Washington is already named as a party in this action. Whether plaintiff can 11 show entitlement to recovery from this named defendant is an issue that is not before the Court at 12 this time. Therefore, this motion is denied. 13 C. Motion to Consolidate – Dkt. 36 14 Plaintiff seeks to join or consolidate this case with two other pending cases, Case No. 16- 15 cv-5052 RBL-JRC and 17-cv-5070 RBL-DWC because “all raise identical issues and share for 16 the most part same defendants.” Dkt. 36. Plaintiff has failed to meet the requirements of Local 17 Rule 42: 18 (b) 19 Prior to filing a motion to consolidate, the parties must meet and confer and attempt to reach agreement regarding whether the cases should be consolidated and whether consolidation should extend through trial. If they agree, the parties must file a stipulation to consolidate in all of the cases to be consolidated. The stipulation should also address, to the extent possible, any scheduling issues implicated by consolidation such as which case schedule should govern in the consolidated action. 20 21 22 Meet and Confer Requirement 23 ORDER DENYING MOTIONS TO JOIN GOVERNOR JAY INSLEE, TO JOIN “THE ENTITY,” AND TO CONSOLIDATE (DKTS. 34, 35, AND 36) - 2 1 Plaintiff fails to show that he has satisfied the meet and confer requirement. Therefore, 2 the Court denies Plaintiff’s request without prejudice. 3 Accordingly, it is ORDERED: 4 (1) Plaintiff’s motions (Dkt. 34, 35, and 36) are DENIED. 5 (2) The Clerk shall send a copy of this Order to Plaintiff. 6 Dated this 24th day of March, 2017. 7 A 8 9 Karen L. Strombom United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER DENYING MOTIONS TO JOIN GOVERNOR JAY INSLEE, TO JOIN “THE ENTITY,” AND TO CONSOLIDATE (DKTS. 34, 35, AND 36) - 3

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