Underwood v. Knowles et al
Filing
74
ORDER STRIKING Plaintiff's Surreply 64 , signed by Magistrate Judge Gary S. Austin on 12/15/10: Plaintiff's Surreply, filed October 8, 2010, is STRICKEN from the Court's record. (Hellings, J)
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(PC) Underwood v. Knowles et al
Doc. 74
1 2 3 4 5 6 7 8 EASTERN DISTRICT OF CALIFORNIA 9 10 VALENTINE E. UNDERWOOD, 11 Plaintiff, 12 v. 13 M. KNOWLES, et al., 14 Defendants. 15 / 16 17 18 19 20 21 22 23 24 25 26 27 28
1
UNITED STATES DISTRICT COURT
1:08-cv-00986-GSA-PC ORDER STRIKING PLAINTIFF'S SURREPLY (Doc. 64.)
Valentine E. Underwood ("Plaintiff") is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. This action now proceeds on Plaintiff's original complaint, filed July 17, 2008, against defendants Northcutt and Martin for retaliation in violation of the First Amendment, and against defendants Northcutt, Martin, Caviness, Lantz, Trujullo, Truitt, and Fambrough for use of excessive force in violation of the Eighth Amendment.1 On July 21, 2010, defendants Lantz, Fambrough, Northcutt, Truitt and Trujillo ("Defendants") filed a motion to dismiss this action for failure to exhaust remedies. (Doc. 54.) Plaintiff filed an opposition on September 20, 2010, and Defendants filed a reply on September 24, 2010. (Docs. 61, 62.) On October 8, 2010, Plaintiff filed a surreply. (Doc. 64.) 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
A ll other claims and defendants were dismissed by the Court on October 21, 2009. (Doc. 31.)
Dockets.Justia.com
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granted a request on the behalf of Plaintiff to file one. Accordingly, Plaintiff's surreply, filed October 8, 2010, shall be stricken from the record. Accordingly, IT IS HEREBY ORDERED that Plaintiff's surreply, filed October 8, 2010, is STRICKEN from the Court's record.
IT IS SO ORDERED. Dated: 6i0kij
December 15, 2010
/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE
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