Hearns v. Gonzales, et al.
Filing
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ORDER STRIKING Surreply 48 , signed by Magistrate Judge Gary S. Austin on 7/9/19. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JAMAR HEARNS,
Plaintiff,
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1:17-cv-00038-AWI-GSA (PC)
ORDER STRIKING SURREPLY
(ECF No. 48.)
v.
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ROSA GONZALES, et al.,
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Defendants.
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Jamar Hearns (“Plaintiff”) is a former prisoner proceeding pro se and in forma pauperis
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with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds against
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defendant Rosa Gonzales on Plaintiff’s claims for retaliation, violation of the Free Exercise
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Clause, and violation of the Bane Act. (ECF No. 21.)
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On July 3, 2019, Plaintiff filed a surreply. (ECF No. 48.) The court denied Plaintiff leave
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to file a surreply on June 15, 2019. (ECF No. 47.) Therefore, Plaintiff’s surreply shall be
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stricken from the record.
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A surreply is not allowed by the Federal Rules of Civil Procedure except by leave of
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court. Fed. R. Civ. P. 12(a)(1)(C). If Plaintiff believes he has a valid reason to file a surreply, he
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must submit a motion for leave to file a surreply explaining why the court should grant leave for
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him to file it. Also, the proposed surreply should be lodged with the court at the time the motion
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is filed.
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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s surreply, filed on July
3, 2019, is STRICKEN from the record.
IT IS SO ORDERED.
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Dated:
July 9, 2019
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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