Balzarini v. Lewis et al

Filing 51

ORDER STRIKING 48 Plaintiff's Surreply signed by Magistrate Judge Barbara A. McAuliffe on 5/12/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ST. MICHAEL BALZARINI,

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Plaintiff,
v.
KYLE LEWIS, et al.,
Defendants.

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1:13-cv-00820-LJO-BAM (PC)
ORDER STRIKING PLAINTIFF’S
SURREPLY
(ECF No. 48)

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Plaintiff St. Michael Balzarini (“Plaintiff”), a state prisoner proceeding pro se and in

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forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on May 30, 2013. This

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action is proceeding on Plaintiff’s second amended complaint, filed on July 17, 2014, against

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Defendants Ulit and Agtarap for deliberate indifference to serious medical needs in violation of

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the Eighth Amendment of the United States Constitution.

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Pending before the Court is Defendants’ motion for partial summary judgment to revoke

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in forma pauperis status filed on October 3, 2014. Plaintiff filed an opposition on November 13,

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2014, Defendants filed a reply on November 24, 2014, and the motion has been submitted upon

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the record. Local Rule 230(l). However, on January 16, 2015, Plaintiff filed a document entitled

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“Opposition to Motion to Proceed In Forma Pauperis.” (ECF No. 48.) The Court construes this

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filing as a surreply.

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No further briefing on Defendants’ motion for summary judgment is permitted absent
leave of court. The Court did not grant Plaintiff leave to file a surreply and the Court does not
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desire any further briefing on the motion. Id. Accordingly, Plaintiff’s surreply is HEREBY

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STRICKEN from the record and Defendants’ motion for summary judgment will be addressed in

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due course. Id.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

May 12, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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