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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 TERRANCE JON IRBY, Plaintiff, 11 12 v. 13 STATE OF WASHINGTON, et al., 14 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 15 16 This 42 U.S.C. §1983 civil rights matter has been referred to the undersigned Magistrate 17 Judge pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B) and Local Magistrate Judge Rules MJR 1, 18 MJR 3, and MJR 4. 19 Before the Court are two of plaintiff’s motions. Plaintiff first moves to modify his motion 20 for a preliminary injunction. Dkt. 144. He states that he wishes to withdraw his claims pertaining 21 to his transfer from Clallam Bay Corrections Center and his claimed “transfer relief” back to 22 Clallam Bay. Id. The Court grants his motion. It will not consider plaintiff’s claims involving his 23 transfer from Clallam Bay Corrections Center and will not consider relief in the form of 24 ORDER GRANTING MOTION TO MODIFY MOTION FOR TEMPORARY RESTRAINING ORDER AND GRANTING MOTION FOR REBUTTAL MOTION - 1 1 returning him to Clallam Bay. Defendants are instructed that they need not respond to plaintiff’s 2 claims about being transferred from Clallam Bay in any further pleadings responding to the 3 motion for injunctive relief. 4 He also moves for permission to file a “rebuttal” to defendant’s response to plaintiff’s 5 motion for a judgment on the pleadings. Dkt. 154. The Court reads this as a motion to file a 6 reply. Because a moving party may, “within the time prescribed in LCR 7(d), file with the clerk, 7 and serve on each party that has appeared in the action, a reply brief in support of the motion,” 8 the Court grants plaintiff’s motion. LCR 7(b)(2). Plaintiff may file his reply brief on or before 9 October 6, 2017. 10 Plaintiff’s motions (Dkts. 144, 154) are granted. 11 Dated this 29th day of August, 2017. A 12 13 J. Richard Creatura United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 ORDER GRANTING MOTION TO MODIFY MOTION FOR TEMPORARY RESTRAINING ORDER AND GRANTING MOTION FOR REBUTTAL MOTION - 2

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