Davis v. Ramen et al

Filing 122

ORDER STRIKING Plaintiff's Surreply (ECF No. 121 ), signed by Magistrate Judge Sandra M. Snyder on 8/16/2011. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JAMES L. DAVIS,

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CASE NO. 1:06-cv-01216-AWI-SMS PC
Plaintiff,

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v.

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ORDER STRIKING PLAINTIFF’S SURREPLY
(ECF No. 121)

RAMEN, et al.,

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Defendants.
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Plaintiff James L. Davis (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Findings and recommendations

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issued on June 9, 2011, recommending granting Defendants’ motion for summary judgment. On

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July 11, 2011, Plaintiff filed objections to the findings and recommendations, and Defendants filed

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a reply on July 22,2011. On August 15, 2011, Plaintiff filed a surreply.

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The Local Rules provide for a motion, an opposition, and a reply. Neither the Local Rules

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nor the Federal Rules provide the right to file a surreply, and the Court neither requested one nor

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granted a request on the behalf of Plaintiff to file one. Accordingly, Plaintiff’s surreply, filed August

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15, 2011, shall be stricken from the record.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s surreply, filed August 15, 2011, is
STRICKEN from the Court’s record.

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IT IS SO ORDERED.

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Dated:

August 16, 2011

/s/ Sandra M. Snyder
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icido3

UNITED STATES MAGISTRATE JUDGE

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