Hernandez v. Ballam, et al.

Filing 63

ORDER Striking Plaintiff's Response to Defendants' Reply to Plaintiff's Opposition to Motion to Stay 61 , signed by Magistrate Judge Barbara A. McAuliffe on 8/15/2018. (Hellings, J)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 ANTHONY CEASAR HERNANDEZ, 8 Plaintiff, 9 v. 10 BALLAM, et al., Defendants. 11 Case No.: 1:17-cv-00468-LJO-BAM (PC) ORDER STRIKING PLAINTIFF’S RESPONSE TO DEFENDANTS’ REPLY TO PLAINTIFF’S OPPOSITION TO MOTION TO STAY [Doc No. 61] 12 13 Plaintiff Anthony Ceasar Hernandez is a state prisoner proceeding pro se and in forma 14 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On July 9, 2018, the Court 15 stayed this matter pending the resolution of Plaintiff’s criminal case concerning the same events 16 at issue in this case. (Doc. No. 56.) 17 On August 14, 2018, Plaintiff filed a response to Defendants’ reply in support of their 18 motion to stay. (Doc. No. 61.) The Court construes this filing as a surreply. 19 No further briefing on Defendant’s motion to stay is permitted absent leave of court. The 20 Court did not grant Plaintiff leave to file a surreply, and the Court does not desire any further 21 briefing on the motion. The motion has been ruled upon, as noted above. 22 Accordingly, Plaintiff’s surreply (Doc. No. 61) is HEREBY STRICKEN from the record. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: August 15, 2018 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE

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