Shepard v. Bass et al

Filing 58

ORDER STRIKING 57 Opposition filed by Lamont Shepard signed by Magistrate Judge Barbara A. McAuliffe on 3/20/2012. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LAMONT SHEPARD,

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CASE NO. 1:10-cv-00754-LJO-BAM PC

Plaintiff,

ORDER STRIKING PLAINTIFF’S SURREPLY

v.

(ECF No. 57)

BASS, et al.,

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Defendants.
/

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Plaintiff Lamont Shepard (“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. On January 19, 2012, Defendants

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filed a motion for summary judgment. (ECF No. 43.) Plaintiff filed an opposition on February 3,

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2012. (ECF No. 51.) Defendants filed a reply on February 10, 2012, and Plaintiff filed a surreply

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on February 21, 2012. (ECF Nos. 55, 57.)

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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, IT IS HEREBY ORDERED that

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Plaintiff’s surreply, filed February 21, 2012, is STRICKEN from the Court’s record.

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IT IS SO ORDERED.
Dated:
cm411

March 20, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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