Helm v. Hughes et al

Filing 36

ORDER DIRECTING ADDITIONAL BRIEFING on the 30 MOTION for Summary Judgment signed by Magistrate Judge Karen L Strombom. Defendants may file supplemental brief on or before November 22, 2010; plaintiff may file a response on or before December 13, 2010; defendants may file a reply on or before December 17, 2010. The 30 MOTION for Summary Judgment is re-noted for 12/17/2010., (MET)cc: Plaintiff

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. MICHAEL HUGHES, JANET GAINES, and SEAN MURPHY, Defendants. Presently before the court is the Motion for Summary Judgment of Defendants Michael Hughes, Karen Gaines, and Sean Murphy. ECF No. 30. Having reviewed the motion, Plaintiff's response (ECF No. 33), Defendants' reply (ECF No. 32), and Plaintiff's second response (ECF No. 33), the court finds that requires additional briefing from the parties before a recommendation on the summary judgment may be made. Defendants are directed to supplement their motion to address the issue of what legitimate penological interests are furthered by a regulation prohibiting threats in a written grievance. Plaintiff shall be given an opportunity to respond. Accordingly, it is ORDERED: (1) Defendants shall file their supplemental brief and/or evidence in support of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA GEORGE-JASON A. HELM, Plaintiff, NO. C09-5381 RJB/KLS ORDER DIRECTING SUPPLEMENTAL BRIEFING

their motion for summary judgment (ECF No. 30) to address only the issue identified herein on or before November 22, 2010. Plaintiff may file a response on or before December 13, 2010. Defendants may file a reply on or before December 17, 2010. (2) The Clerk shall strike the noting date of Defendants' motion for summary

judgment (ECF No. 30) and shall re-note the motion for December 17, 2010.

ORDER - 1

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(3)

The Clerk of the Court is directed to send copies of this Order to Plaintiff and

counsel for Defendants.

DATED this 4th

day of November, 2010.

A

Karen L. Strombom United States Magistrate Judge

ORDER - 2