Martin v. Adams et al

Filing 75

ORDER STRIKING Surreply (Doc. 72 ), signed by Magistrate Judge Jennifer L. Thurston on 10/2/2014. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN A. MARTIN, 12 Plaintiff, 13 ORDER STRIKING SURREPLY v. 14 Case No. 1:10-cv-01153-AWI-JLT (PC) ADAMS, et al., (Doc.72) Defendants. 15 16 Plaintiff, Steven A. Martin, a state prisoner proceeding pro se and in forma pauperis, filed 17 this civil rights action pursuant to 42 U.S.C. § 1983 on June 25, 2010. This action is proceeding 18 on Plaintiff’s First Amended Complaint against Defendant J. Mora on Plaintiff’s retaliation claim. 19 On June 20, 2014, Defendants filed a motion to revoke Plaintiff's IFP status. (Doc. 59.) 20 Plaintiff filed an opposition o which Defendant replied. (Docs. 67, 70.) Defendant’s motion was 21 deemed submitted pursuant to Local Rule 230(m) on August 25, 2014. However, on September 8, 22 2014, Plaintiff filed a surreply. Plaintiff does not have a right to file a surreply under the Local 23 Rules or the Federal Rules of Civil Procedure and Plaintiff did not obtain leave of court to do so. 24 Therefore, Plaintiff's surreply (Doc. 72) is ORDERED STRICKEN. 25 26 27 IT IS SO ORDERED. Dated: October 2, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 28 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 2

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