United States District Court, D. Idaho
ORDER VACATING DKT. 35 AND AMENDED MEMORANDUM
DECISION AND ORDER
C. NYE U.S. DISTRICT COURT JUDGE.
1. Plaintiff's Request for Clarification (Dkt. 42) is
GRANTED IN PART. The Court misspoke when it stated that the
Initial Review Order concluded that the Complaint did not
state plausible retaliation claims. The Court has reviewed
that Order and its previous Memorandum Decision and Order
(Dkt. 35), and has determined that the Complaint does,
indeed, state such claims. Therefore, the Court's April
5, 2018 Memorandum Decision and Order (Dkt. 35) is VACATED,
and the Court hereby issues the following Amended Memorandum
Decision and Order. To the extent the Request for
Clarification seeks permission to file an interlocutory
appeal or seeks any other relief, the Request is DENIED.
2. Plaintiff's Motion for Reconsideration of the Initial
Review Order (Dkt. 17) is GRANTED IN PART to the extent that
the Court has reviewed and reconsidered the Complaint and the
Initial Review Order as set forth below. The Motion is denied
in all other respects.
3. Plaintiff's Request to Withdraw Temporary Restraining
Order and/or Preliminary Injunction (Dkt. 19) is GRANTED.
4. Plaintiff's Motion for an Emergency Temporary
Restraining Order (Dkt. 18) is DENIED AS MOOT.
5. Plaintiff's Motion to Stay Pleadings (Dkt. 22) is
6. Plaintiff's Motion for Appointment of Counsel (Dkt.
27) is DENIED.
MEMORANDUM DECISION AND ORDER
an inmate in the custody of the Idaho Department of
Correction, is proceeding pro se and in forma pauperis in
this civil rights action brought under 42 U.S.C. § 1983.
Pursuant to 28 U.S.C. §§ 1915 and 1915A, United
States Magistrate Judge Candy W. Dale previously entered an
Initial Review Order, allowing Plaintiff to proceed on his
claims that Defendants violated his First Amendment right to
petition the government for redress, as well as his First
Amendment right to be free from retaliation, by refusing to
process Plaintiff's jail grievances because they
contained disrespectful language. Dkt. 10. Plaintiff's
claims arose when he was incarcerated at the Ada County Jail,
and Defendants are employees of Ada County.
has now filed several motions: (1) a Motion to Reconsider the
Initial Review Order, in which he asks the Court to analyze
Plaintiff's free speech claims against Defendants; (2) a
Motion to Stay Pleadings; and (3) a Motion for the
Appointment of Counsel. Dkts. 17, 22, 27.)
fully reviewed the record, the Court finds that the facts and
legal arguments are adequately presented in the briefs and
record and that oral argument is unnecessary. See D.
Idaho Loc. Civ. R. 7.1.
Motion for ...