Irby v. State of Washington et al

Filing 243

ORDER granting in part Defendant Guidry's 227 Motion to Strike, 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 13 CASE NO. 3:15-CV-05208-RBL-JRC ORDER GRANTING MOTION TO STRIKE v. STATE OF WASHINGTON, et al., Defendants. 14 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 Defendant Guidry filed a motion to dismiss (Dkt. 208), which plaintiff responded to (Dkt. 20 219, 221). However, in his reply, defendant Guidry requests that the Court strike plaintiff’s 21 responses to his motion to dismiss because it was not filed in a timely manner. Dkt. 227. The 22 docket indicates that both plaintiff’s responses were filed on November 8, 2017, before the 23 24 ORDER GRANTING MOTION TO STRIKE - 1 1 November 13, 2017 deadline. See Dkt. The Court will therefore not strike the responses on this 2 ground. 3 Defendant also argues that the Court should strike the responses because together they 4 are 44 pages, 20 pages over the limit prescribed in Local Rule 7(e). Plaintiff filed both an 5 “answer to [dkt. 207-208]” (Dkt. 221) and “rebuttal-response” (Dkt. 219) that appears to be an 6 addendum to his “answer.” Defendant is correct that plaintiff’s responses, taken together, are 7 over-length. See Dkts. 219, 221. Because of this, the Court will not consider anything beyond the 8 length mandated by Local Rule 7. Therefore, the Court considers the first 24 pages of plaintiff’s 9 “answer” and declines to consider plaintiff’s “rebuttal-response.” The Court grants defendants’ 10 11 motion to strike (Dkt. 227) in part. Dated this 12th day of December, 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 STRIKE - 2

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