Gibson v. Washington State Department of Corrections et al

Filing 94

ORDER granting 88 Motion to Supplement the Record, signed by Magistrate Judge David W. Christel. **2 PAGE(S), PRINT ALL** (Patrick Gibson, Prisoner ID: 992321) (ERA)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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PATRICK K. GIBSON,
Plaintiff,

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ORDER GRANTING MOTION TO
SUPPLEMENT

v.

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CASE NO. 3:17-CV-5187-RBL-DWC

EDITH KROHA,
Defendant.

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This is a civil rights action brought pursuant to 42 U.S.C. § 1983. On August 12, 2019,
the Ninth Circuit remanded to this Court Plaintiff Patrick Gibson’s claim against Defendant
Edith Kroha alleging constitutionally inadequate medical care. Dkt. 61, 66. Pending before the
Court is Plaintiff’s Motion to Supplement the Record. Dkt. 88. 1
On February 25, 2020, Plaintiff filed the Motion requesting permission to supplement the
record with medical request and accident report forms arising from an unrelated injury. Dkt. 88.

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Also pending before the Court is Defendant’s Motion for Summary Judgment, which is ready for the

24 Court’s consideration on April 17, 2020. Dkt. 87.
ORDER GRANTING MOTION TO SUPPLEMENT
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1 Defendant filed a Response requesting the Court deny the Motion because the documents
2 Plaintiff seeks to include in the record are unrelated to the claim in this case. Dkt. 92.
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The Court cannot rely on irrelevant facts when deciding issues in a case. See Gaub v.

4 Prof'l Hosp. Supply, Inc., 845 F. Supp. 2d 1118, 1128 (D. Idaho 2012). However, striking
5 irrelevant evidence from the record would be duplicative of the summary judgment standard. See
6 Burch v. Regents of University of California, 433 F.Supp.2d 1110, 1119–20 (E.D. Cal. 2006).
7 Therefore, to ensure Plaintiff is able to fully develop the record, the Court grants Plaintiff’s
8 Motion to Supplement (Dkt. 88). However, as the Court has previously explained, the Court will
9 consider only evidence which is material to the allegations in the Complaint in ruling on
10 motions, including any motions for summary judgment.
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Dated this 1st day of April, 2020.

A

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David W. Christel
United States Magistrate Judge

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ORDER GRANTING MOTION TO SUPPLEMENT
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