Hearns v. Gonzales, et al.

Filing 49

ORDER STRIKING Surreply 48 , signed by Magistrate Judge Gary S. Austin on 7/9/19. (Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JAMAR HEARNS,
Plaintiff,

12

1:17-cv-00038-AWI-GSA (PC)
ORDER STRIKING SURREPLY
(ECF No. 48.)

v.

13
14

ROSA GONZALES, et al.,

15

Defendants.

16

Jamar Hearns (“Plaintiff”) is a former prisoner proceeding pro se and in forma pauperis

17

with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds against

18

defendant Rosa Gonzales on Plaintiff’s claims for retaliation, violation of the Free Exercise

19

Clause, and violation of the Bane Act. (ECF No. 21.)

20

On July 3, 2019, Plaintiff filed a surreply. (ECF No. 48.) The court denied Plaintiff leave

21

to file a surreply on June 15, 2019. (ECF No. 47.) Therefore, Plaintiff’s surreply shall be

22

stricken from the record.

23

A surreply is not allowed by the Federal Rules of Civil Procedure except by leave of

24

court. Fed. R. Civ. P. 12(a)(1)(C). If Plaintiff believes he has a valid reason to file a surreply, he

25

must submit a motion for leave to file a surreply explaining why the court should grant leave for

26

him to file it. Also, the proposed surreply should be lodged with the court at the time the motion

27

is filed.

28
1

1
2
3

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.

4
5

Dated:

July 9, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2