Buckley v. Scribner, et al

Filing 96

ORDER GRANTING 93 Defendants' Ex Parte Motion to File Supplemental Reply and Allowing for Plaintiff's Sur-Reply, signed by Magistrate Judge Michael J. Seng on 9/13/2012. Defendants' Supplemental Reply due by 10/1/2012. Plaintiff's Sur-Reply due by 10/16/2012. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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ANTONIO CORTEZ BUCKLEY,

CASE No. 1:04-cv-05622-LJO-MJS (PC)
ORDER GRANTING DEFENDANTS’ EX
PARTE REQUEST TO FILE
SUPPLEMENTAL REPLY AND
ALLOWING FOR PLAINTIFF’S SURREPLY

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Plaintiff,
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vs.

(ECF No. 93)

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A.K. SCRIBNER, et al.,

DEFENDANTS’ SUPPLEMENTAL
REPLY DUE OCTOBER 1, 2012

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Defendants.

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PLAINTIFF’S SUR-REPLY DUE
OCTOBER 16, 2012

_____________________________/

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Plaintiff Antonio Cortez Buckley is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action filed on April 26, 2004 pursuant to 42 U.S.C. §

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1983. (ECF No. 1.) This case proceeds on the claim in Plaintiff’s First Amended

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Complaint that Defendants Dotson, Parangan, Jarralimillio, Peck, Lerman, and

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Ocegura violated his First Amendment right to free exercise of religion. (ECF Nos. 29,

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48, 51.)

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On July 11, 2012, Defendants filed a motion for summary judgment. (ECF No.
78.) On September 4, 2012, Plaintiff filed an opposition (ECF Nos. 85-89) and on

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September 11, 2012, Defendants’ filed a reply to the opposition. (ECF No. 94.)

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Defendants’ also filed on September 11, 2012 an ex parte application to supplement

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their reply with additional evidence regarding the tallis, black yarmulkes and Kaballah

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prayers (ECF No. 93). Defendant’s ex parte application is now before the Court.

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GOOD CAUSE APPEARING, it is hereby ORDERED that:

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1.

Defendants may file, not later than October 1, 2012, a supplemental

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reply with additional evidence regarding the tallis, black yarmulkes, and

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Kaballah prayers; and,
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Plaintiff may file, not later than October 16, 2012, a sur-reply in response
to Defendants’ supplemental reply.

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IT IS SO ORDERED.

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Dated:
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September 13, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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