De La Fuente v. Wyman

Filing 45

ORDER Directing Clerk to Enter Judgment in Favor of Plaintiff. Signed by Judge Benjamin H. Settle. (MGC)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROQUE “ROCKY” DE LA FUENTE,
Plaintiff,
v.
KIM WYMAN, in her official capacity
as the Secretary of State for the State of
Washington,

CASE NO. C16-5801 BHS
FINAL ORDER DIRECTING
CLERK TO ENTER JUDGMENT
IN FAVOR OF PLAINTIFF

Defendant.

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This matter comes before the Court on its previous order regarding the parties’

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cross-motions for summary judgment and the parties’ joint status report filed on March 6,

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2018. Dkts. 43, 44. In its previous order, the Court found “that RCW 29A.56.620 and

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.640(6) constitute an unlawful (albeit minimal) restriction on Plaintiff’s First Amendment

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rights.” Dkt. 43 at 13. Accordingly, the Court granted Plaintiff’s motion for summary

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judgment, denied Defendant’s motion, and requested a joint status report to address

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whether there remained any outstanding issues that must be resolved before the Court

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enters a final order and directs the Clerk to enter a judgment. In light of the parties’ joint

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status report, the Court finds that there are no further outstanding matters before the

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ORDER - 1

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Court. Plaintiff has neither pled nor requested monetary damages, so none will be

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awarded.

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Therefore, it is hereby ORDERED that Defendant is permanently enjoined from

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enforcing RCW 29A.56.620 and .640(6) on minor party and independent candidates for

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President of the United States of America. The Clerk shall enter a JUDGMENT in favor

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of Plaintiff and close this case.

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Dated this 7th day of March, 2018.

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A

BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2