Hayes v. State of Washington, Department of Corrections et al

Filing 264

ORDER Denying Plaintiff's 262 Motion for Leave to File Surreply, signed by Magistrate Judge David W. Christel.**2 PAGE(S), PRINT ALL**(Donald Hayes, Prisoner ID: 766385)(GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DONALD C HAYES,

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Plaintiff,

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STATE OF WASHINGTON,
DEPARTMENT OF CORRECTIONS,
et al.,
Defendants.

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ORDER

v.

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CASE NO. 3:16-CV-05095-BHS-DWC

The District Court has referred this action, filed pursuant to 42 U.S.C. § 1983, to United
States Magistrate Judge David W. Christel. Plaintiff filed a “Motion for Sureply (sic) and
Response to Document 259,” wherein he files a surreply to Defendants’ Reply to Plaintiff’s
Response to Defendants’ Cross-Motion for Summary Judgment. Dkt. 262. Pursuant to Local
Rule CR 7(g)(2), surreplies are limited to requests to strike material contained in or attached to a
reply brief. “Extraneous argument or a surreply filed for any other reason will not be
considered.” Id; see also Herrnandez v. Stryker Corp., 2015 WL 11714363, at *2 (W.D. Wash.
Mar. 13, 2015). As Plaintiff does not request to strike material contained in Defendants’ Reply

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ORDER - 1

1 and as surreplies are not considered by this Court, the Motion (Dkt. 262) is denied. The Court
2 will not consider Docket Entry 262 when ruling on Defendants’ Cross-Motion for Summary
3 Judgment.
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Dated this 21st day of December, 2017.

A

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David W. Christel
United States Magistrate Judge

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ORDER - 2