Nguyen v. Biter et al

Filing 89

ORDER Striking Surreply 87 , signed by Magistrate Judge Sheila K. Oberto on 5/22/13. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY NGUYEN,

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Plaintiff,

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CASE NO. 1:11-cv-00809-AWI-SKO PC
ORDER STRIKING SURREPLY

v.

(Doc. 87)

M. D. BITER,

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Defendant.
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Plaintiff Anthony Nguyen, a state prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on May 18, 2011. Pending before the Court is

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Defendant’s motion to dismiss, filed on March 18, 2013. Plaintiff filed an opposition on May 1,

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2013, Defendant filed a reply on May 8, 2013, and the motion has been submitted upon the record.

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Local Rule 230(l). However, on May 20, 2013, Plaintiff filed a surreply.

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No further briefing on Defendant’s motion to dismiss is permitted absent leave of court. The

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Court did not grant Plaintiff leave to file a surreply and the Court does not desire any further briefing

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on the motion. Id. Accordingly, Plaintiff’s surreply is HEREBY STRICKEN from the record and

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Defendant’s motion to dismiss will be addressed in due course. Id.

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IT IS SO ORDERED.

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Dated:
i0d3h8

May 22, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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