Ahdom v. Etchebehere et al
Filing
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ORDER DENYING 70 Request to File Reply signed by Magistrate Judge Gary S. Austin on 10/27/17. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BILAL AHDOM,
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Plaintiff,
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vs.
1:13-cv-01623-DAD-GSA-PC
ORDER DENYING REQUEST TO FILE
REPLY
(ECF No. 70.)
C. ETCHEBEHERE, et al.,
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Defendants.
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I.
BACKGROUND
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Bilal Ahdom (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights
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action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed this Complaint commencing this
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action on October 9, 2013. (ECF No. 1.) This case now proceeds on Plaintiff’s Second
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Amended Complaint, filed on December 8, 2015, against defendant Associate Warden C.
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Etchebehere (“Defendant”) for violation of Plaintiff’s rights under the Free Exercise Clause of
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the First Amendment. (ECF No. 24.)
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On August 21, 2017, the undersigned entered findings and recommendations,
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recommending that Defendant’s motion for summary judgment be granted. (ECF No. 63.) The
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parties were granted fourteen days in which to file objections to the findings and
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recommendations, with an additional seven days to file replies to any objections. (Id. at 59:8-
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13.) After being granted an extension of time, Plaintiff filed six objections to the findings and
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recommendations on October 6, 2017. (ECF No. 68.) On October 13, 2017, Defendant filed a
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response to Plaintiff’s objections. (ECF No. 69.)
On October 24, 2017, Plaintiff filed a request for leave to file a reply to Defendant’s
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response to Plaintiff’s objections. (ECF No. 70.)
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II.
PLAINTIFF’S REQUEST
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Plaintiff requests permission to file a reply to Defendant’s response to Plaintiff’s
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objections to the findings and recommendations. In support of this request, Plaintiff merely
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states that when he received Defendant’s response, he “discovered that there was a need to
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respond to the defendant’s claims.” (Id.)
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Plaintiff’s statement is not sufficient to show good cause for the court to allow him to
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file a reply. Plaintiff has not explained what he discovered in Defendant’s response that
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requires a reply or why he failed to address the issue in his objections. The findings and
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recommendations only allowed the parties to file objections and replies to the objections.
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Plaintiff has not shown that a valid reason for an additional response exists.
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Plaintiff’s request shall be denied.
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III.
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Therefore,
CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s request to file a
reply to Defendant’s response to Plaintiff’s objections, filed on October 24, 2017, is DENIED.
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IT IS SO ORDERED.
Dated:
October 27, 2017
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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