Bent v Lashway, et al

Filing 28

ORDER denying 16 Motion for TRO by Judge Benjamin H. Settle.(TG)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 5 6 7 MICHAEL S. BENT, 8 Plaintiff, 9 10 v. PATRICIA LASHWAY, et al., 11 CASE NO. C16-5916BHS ORDER DENYING PLAINTIFF’S MOTION FOR A TEMPORARY RESTRAINING ORDER Defendants. 12 13 This matter comes before the Court on Plaintiff Michael Bent’s (“Bent”) motion 14 for a temporary restraining order (Dkt. 16). The Court has considered the pleadings filed 15 in support of and in opposition to the motion and the remainder of the file and hereby 16 denies the motion for the reasons stated herein. 17 18 I. PROCEDURAL HISTORY On October 31, 2016, Bent filed a verified complaint for declaratory, injunctive, 19 and compensatory relief against Patricia Lashway (“Lashway”), in her capacity as acting 20 Secretary of the Washington Department of Social and Health Services; Mark Greenberg 21 in his capacity as the acting Assistant Secretary for the Administration for Children and 22 Families under the Department of Health and Human Services; Mark McCauley ORDER - 1 1 (“McCauley”) in his capacity as County Manager and Chief Executive Officer of Clark 2 County, Washington; and Greg Kimsey (“Kimsey”) in his capacity as County Auditor for 3 Clark County (collectively “Defendants”). Dkt. 1. Bent asserts that Lashway and 4 Greenberg have violated his right to an impartial tribunal under the Fifth, Sixth, and 5 Fourteenth Amendments to the U.S. Constitution, id., ¶¶ 82–108; McCauley has violated 6 Bent’s constitutional property rights via an inverse condemnation, id., ¶¶ 108–130; and 7 Defendants have violated his constitutional property rights and rights to compensation, 8 id., ¶¶ 131–142. 9 On December 5, 2016, Bent filed the instant motion for a temporary restraining 10 order. Dkt. 16. Bent seeks an injunction to prevent the modification of his child support 11 obligations by the Clark County Superior Court. Id. On December 23, 2016, Lashway 12 responded. Dkt. 19. On December 29, 2016, McCauley and Kimsey responded. Dkt. 13 21. 14 15 II. DISCUSSION The Court has already informed Bent that this is not the forum to appeal or enjoin 16 a state court civil proceeding. See Bent v. Bent, C16-5899BHS, (W.D. Wash. Oct. 27, 17 2016) (order remanding improper removal). While Bent may litigate separate claims 18 regarding his federal civil rights in this forum, Bent has failed to show that the Court may 19 enjoin the state court from modifying his child support obligations. Moreover, 20 Defendants contend that the state court has entered an order modifying the obligations. 21 “Simply put, ‘the United States District Court, as a court of original jurisdiction, has no 22 authority to review the final determinations of a state court in judicial proceedings.’” ORDER - 2 1 Bianchi v. Rylaarsdam, 334 F.3d 895, 898 (9th Cir. 2003)(quoting Worldwide Church of 2 God v. McNair, 805 F.2d 888, 890 (9th Cir. 1986)). Thus, Bent has failed to show that 3 the Court has authority to grant his requested relief. 4 5 III. ORDER Therefore, it is hereby ORDERED that Bent’s motion for a temporary restraining 6 order (Dkt. 16) is DENIED. 7 Dated this 18th day of January, 2017. A 8 9 BENJAMIN H. SETTLE United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER - 3

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