Irby v. Gilbert et al
ORDER on plaintiff's 100 Motion for reconsideration by Chief Judge Ricardo S Martinez.**2 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(RS)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TERRANCE JON IRBY,
CASE NO. C16-5052 RBL-JRC
ORDER ON MOTION FOR
MARGRET GILBERT, et al.,
Plaintiff previously filed a motion for recusal of U.S. Magistrate Judge J. Richard Creatura
(dkt. #84), who declined to recuse himself. Dkt. #94. In accordance with the Local Rules, the
matter was referred to this Court for review of the refusal to recuse; upon review, this Court
affirmed Judge Creatura’s refusal. Dkt. #95.
Following entry of that order, Plaintiff filed a motion which he entitled “Notice to Stay
Proceeding Due to Interlocutory Appeal,” (dkt. #100), which contains the following sentence:
“Supplement argument on recusal of the Judge Creatura should be heard.” Id. at 1.
In an excess of caution, the Court will treat this motion, at least in part, as one for
reconsideration. Local Civil Rule 7(h) provides:
Motions for reconsideration are disfavored. The court will ordinarily deny such motions
in the absence of a showing of manifest error in the prior ruling or a showing of new facts
or legal authority which could not have been brought to its attention earlier with reasonable
ORDER ON MOTION FOR RECONSIDERATION - 1
Plaintiff’s motion does not satisfy this standard. He alleges no manifest error in the Court’s
prior ruling, nor does he present new facts or legal authority which he claims could not have been
brought to the Court’s attention earlier. Therefore, to the extent that Plaintiff is requesting
reconsideration of the prior order affirming Judge Creatura’s refusal to recuse, that request is
The remainder of Plaintiff’s motion is referred back to Judge Creatura for consideration of
whether it constitutes a request for a stay pending interlocutory appeal, and whether that request
The Clerk SHALL provide copies of this order to Plaintiff and to all counsel of record.
Dated this 18th day of April 2017.
RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE
ORDER ON MOTION FOR RECONSIDERATION - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?