Irby v. State of Washington et al

Filing 158

ORDER granting Plaintiff's 144 motion to modify preliminary injunction, and granting 154 motion for leave to file a reply to defendant's response to Plaintiff's motion for a judgment on the pleadings. Plaintiff's reply brief is due on or before 106/17. Signed by Magistrate Judge J Richard Creatura.**2 PAGE(S), PRINT ALL**(Terrance Irby, Prisoner ID: 631794)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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TERRANCE JON IRBY,
Plaintiff,

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v.

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STATE OF WASHINGTON, et al.,

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Defendant.

CASE NO. 3:15-cv-05208-RBL-JRC
ORDER GRANTING MOTION TO
MODIFY MOTION FOR TEMPORARY
RESTRAINING ORDER AND
GRANTING MOTION FOR REBUTTAL
MOTION

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This 42 U.S.C. §1983 civil rights matter has been referred to the undersigned Magistrate

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Judge pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and Local Magistrate Judge Rules MJR 1,

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MJR 3, and MJR 4.

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Before the Court are two of plaintiff’s motions. Plaintiff first moves to modify his motion

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for a preliminary injunction. Dkt. 144. He states that he wishes to withdraw his claims pertaining

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to his transfer from Clallam Bay Corrections Center and his claimed “transfer relief” back to

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Clallam Bay. Id. The Court grants his motion. It will not consider plaintiff’s claims involving his

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transfer from Clallam Bay Corrections Center and will not consider relief in the form of

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ORDER GRANTING MOTION TO MODIFY MOTION
FOR TEMPORARY RESTRAINING ORDER AND
GRANTING MOTION FOR REBUTTAL MOTION - 1

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returning him to Clallam Bay. Defendants are instructed that they need not respond to plaintiff’s

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claims about being transferred from Clallam Bay in any further pleadings responding to the

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motion for injunctive relief.

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He also moves for permission to file a “rebuttal” to defendant’s response to plaintiff’s

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motion for a judgment on the pleadings. Dkt. 154. The Court reads this as a motion to file a

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reply. Because a moving party may, “within the time prescribed in LCR 7(d), file with the clerk,

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and serve on each party that has appeared in the action, a reply brief in support of the motion,”

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the Court grants plaintiff’s motion. LCR 7(b)(2). Plaintiff may file his reply brief on or before

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October 6, 2017.

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Plaintiff’s motions (Dkts. 144, 154) are granted.

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Dated this 29th day of August, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING MOTION TO MODIFY MOTION
FOR TEMPORARY RESTRAINING ORDER AND
GRANTING MOTION FOR REBUTTAL MOTION - 2