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)

Download PDF
(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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?