Smith v. Allison et al

Filing 107

ORDER striking 106 SUR-REPLY signed by Magistrate Judge Jennifer L. Thurston on 10/14/2014. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,

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Plaintiff,

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v.

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Case No.: 1:10-cv-01814-LJO-JLT (PC)
ORDER STRIKING SUR-REPLY

D. GOSS, et al.,

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(Doc. 106)

Defendants.

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Plaintiff Lawrence Christopher Smith (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding on the
following cognizable claims in the Third Amended Complaint: under the First Amendment for
retaliation against Defendants Lt. Goss, Lt. Gallagher, and Officer Langler; under the Eighth
Amendment for deliberate indifference to his serious medical condition against PA Byers and Lt.
Gallagher; and for his claim of a violation of his right to due process against Lt. Goss. (Docs. 31, 42,
47.)
On July 22, 2014, Defendants Goss and Gallagher filed a motion for summary judgment based

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on Plaintiff's failure to exhaust the available administrative remedies. (Doc. 69.) Plaintiff filed an
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opposition on August 18, 2014, and Defendants filed a reply on August 25, 2014. (Docs. 80, 88.)
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Defendants= motion to dismiss was deemed submitted pursuant to Local Rule 78-230(m) on August
25, 2014. However, on October 10, 2014, Plaintiff filed a sur-reply. Plaintiff does not have a right to

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file a sur-reply under the Local Rules or the Federal Rules of Civil Procedure, and Plaintiff did not

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obtain leave of court to do so.

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Therefore, Plaintiff=s surreply is HEREBY ORDERED STRICKEN from the record.

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IT IS SO ORDERED.
Dated:

October 14, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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