Goninan v. Washington Department of Corrections et al

Filing 22

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)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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NATHAN ROBERT GONINAN,
Plaintiff,

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CASE NO. 3:17-cv-05714-BHS-JRC
ORDER RENOTING PENDING
MOTIONS

v.
WASHINGTON DEPARTMENT OF
CORRECTIONS, et al.,

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Defendants.
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The District Court has referred this 42 U.S.C. § 1983 civil rights action to United States

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Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), and local

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Magistrate Judge Rules MJR1, MJR3 and MJR4.

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Plaintiff Nathan Robert Goninan (a.k.a. Nonnie M. Lotusflower) is a transgender prisoner

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currently housed in the Washington State Penitentiary. She filed a complaint along with a motion

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for temporary restraining order and a motion to appoint counsel, alleging defendants have denied

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her gender-affirming therapies while she is incarcerated. Dkt. 1, 8. The Court ordered that the

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complaint and other materials be served on defendants. Dkt. 12. However, the noting date for

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ORDER RENOTING PENDING MOTIONS - 1

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plaintiff’s motion for temporary restraining order had already passed and plaintiff did not ask

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that it be renoted. See Dkt. 9. Because defendants had not yet entered waivers of service or

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notices of appearance, the Court did not order defendants to respond to the motion for temporary

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restraining order at that time.

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Defendants’ counsel has now entered a notice of appearance, waivers of service, and a

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summary response to plaintiff’s motions. Dkts. 13-18; 21. Plaintiff has also filed two motions for

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oral argument. Dkts. 19, 20. Because the noting date had passed before defendants received the

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motion for temporary restraining order, defendants request the motion either be denied or be

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renoted to allow them to respond. Dkt. 21.

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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

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counsel (Dkt. 10), motion to file without first exhausting administrative remedies (Dkt. 11),

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motion for oral arguments (Dkt. 19), and second motion for oral arguments (Dkt. 20) are renoted.

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The Clerk is directed to renote the above noted motions for December 15, 2017.

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Defendants are directed to respond to the substantive aspects of the above noted motions
on or before December 11, 2017.

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The Clerk is finally directed to provide plaintiff with a copy of this order.

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Dated this 22nd day of November, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER RENOTING PENDING MOTIONS - 2