Estrada v. Biter

Filing 21

ORDER DENYING Petitioner's 19 Motion to File Surreply, signed by Magistrate Judge Gary S. Austin on 11/19/2014. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JAIME ESTRADA,

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Case No. 1:14-cv-00679- GSA-HC
ORDER DENYING PETITIONER’S
MOTION TO FILE SURREPLY

Petitioner,
v.

(ECF No. 19)
MARTIN BITER,

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Respondent.

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Petitioner is a state prisoner proceeding pro se in a habeas corpus action pursuant to 28

18 U.S.C. § 2254. On October 6, 2014, Petitioner filed a motion to file a surreply. Petitioner’s
19 surreply is unauthorized by the Federal Rules of Civil Procedure and the Local Rules. Local
20 Rule 230 contemplates a motion, an opposition, and a reply. The Court does not desire any
21 further briefing on the motion to dismiss. Furthermore, Petitioner’s surreply raises the same
22 arguments that he raised in his opposition to the motion to dismiss.

Accordingly, IT IS

23 HEREBY ORDERED that Petitioner’s motion to file a surreply is denied.
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IT IS SO ORDERED.
Dated:

November 19, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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