Harold Walker v. Vazquez et al

Filing 82

ORDER STRIKING 81 Surreply signed by Magistrate Judge Gary S. Austin on 12/8/2009. (Sant Agata, S)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

HAROLD WALKER, Plaintiff, v. HUTCHINSON, et al., Defendants. /

1:05-cv-00709-GSA-PC ORDER STRIKING SURREPLY (Doc. 81.)

Plaintiff Harold Walker ("Plaintiff") is a former state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on June 2, 2005. (Doc. 1.) This action now proceeds on the amended complaint filed by Plaintiff on February 28, 2007, against defendants Hutchinson, Miranda, Hagea, Salgado, Sanoval, and Welch.1 (Doc. 28.) Plaintiff's Surreply On March 16, 2009, defendants Miranda, Sanoval and Welch filed a motion to dismiss, which is now pending. (Doc. 58.) On April 7, 2009, Plaintiff filed an opposition to the motion. (Doc. 64.) On April 9, 2009, Defendants filed a reply to Plaintiff's opposition. (Doc. 65.) On October 28, 2009, Plaintiff filed a surreply. (Doc. 81.)

T h e Court dismissed all other defendants on November 12, 2008. (Doc. 44.)

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The Local Rules provide for a motion, an opposition, and a reply. Neither the Local Rules nor the Federal Rules provide the right to file a surreply, and the Court neither requested one nor granted a request on the behalf of Plaintiff to file one. Accordingly, Plaintiff's surreply shall be stricken from the record. Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff's surreply, filed October 28, 2009, is STRICKEN from the record.

IT IS SO ORDERED. Dated: 6i0kij

December 8, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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