Goninan v. Washington Department of Corrections et al
ORDER that Plaintiff's 9 MOTION for Temporary Restraining Order and Preliminary Injunction; 10 MOTION to Appoint Counsel; 11 MOTION to file without first exhausting administrative remedies, 19 MOTION for Oral Arguments, and 20 Secon d MOTION for oral arguments are re-noted to 12/15/2017. Defendants are directed to respond to the substantive aspects of the above noted motions on or before 12/11/17. Signed by Magistrate Judge J Richard Creatura. **2 PAGE(S), PRINT ALL**(Nathan Goninan, Prisoner ID: 869663)(CMG)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
NATHAN ROBERT GONINAN,
CASE NO. 3:17-cv-05714-BHS-JRC
ORDER RENOTING PENDING
WASHINGTON DEPARTMENT OF
CORRECTIONS, et al.,
The District Court has referred this 42 U.S.C. § 1983 civil rights action to United States
Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), and local
Magistrate Judge Rules MJR1, MJR3 and MJR4.
Plaintiff Nathan Robert Goninan (a.k.a. Nonnie M. Lotusflower) is a transgender prisoner
currently housed in the Washington State Penitentiary. She filed a complaint along with a motion
for temporary restraining order and a motion to appoint counsel, alleging defendants have denied
her gender-affirming therapies while she is incarcerated. Dkt. 1, 8. The Court ordered that the
complaint and other materials be served on defendants. Dkt. 12. However, the noting date for
ORDER RENOTING PENDING MOTIONS - 1
plaintiff’s motion for temporary restraining order had already passed and plaintiff did not ask
that it be renoted. See Dkt. 9. Because defendants had not yet entered waivers of service or
notices of appearance, the Court did not order defendants to respond to the motion for temporary
restraining order at that time.
Defendants’ counsel has now entered a notice of appearance, waivers of service, and a
summary response to plaintiff’s motions. Dkts. 13-18; 21. Plaintiff has also filed two motions for
oral argument. Dkts. 19, 20. Because the noting date had passed before defendants received the
motion for temporary restraining order, defendants request the motion either be denied or be
renoted to allow them to respond. Dkt. 21.
District courts have inherent authority to control their docket. Ready Transp., Inc. v. AAR
Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010). Therefore it is ORDERED:
Plaintiff’s motion for temporary restraining order (Dkt. 9), motion for appointment of
counsel (Dkt. 10), motion to file without first exhausting administrative remedies (Dkt. 11),
motion for oral arguments (Dkt. 19), and second motion for oral arguments (Dkt. 20) are renoted.
The Clerk is directed to renote the above noted motions for December 15, 2017.
Defendants are directed to respond to the substantive aspects of the above noted motions
on or before December 11, 2017.
The Clerk is finally directed to provide plaintiff with a copy of this order.
Dated this 22nd day of November, 2017.
J. Richard Creatura
United States Magistrate Judge
ORDER RENOTING PENDING MOTIONS - 2
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