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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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 5 6 7 8 9 10 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. 11 12 13 This matter comes before the Court on its previous order regarding the parties’ 14 cross-motions for summary judgment and the parties’ joint status report filed on March 6, 15 2018. Dkts. 43, 44. In its previous order, the Court found “that RCW 29A.56.620 and 16 .640(6) constitute an unlawful (albeit minimal) restriction on Plaintiff’s First Amendment 17 rights.” Dkt. 43 at 13. Accordingly, the Court granted Plaintiff’s motion for summary 18 judgment, denied Defendant’s motion, and requested a joint status report to address 19 whether there remained any outstanding issues that must be resolved before the Court 20 enters a final order and directs the Clerk to enter a judgment. In light of the parties’ joint 21 status report, the Court finds that there are no further outstanding matters before the 22 ORDER - 1 1 Court. Plaintiff has neither pled nor requested monetary damages, so none will be 2 awarded. 3 Therefore, it is hereby ORDERED that Defendant is permanently enjoined from 4 enforcing RCW 29A.56.620 and .640(6) on minor party and independent candidates for 5 President of the United States of America. The Clerk shall enter a JUDGMENT in favor 6 of Plaintiff and close this case. 7 Dated this 7th day of March, 2018. 8 9 A BENJAMIN H. SETTLE United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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