Nicholson v. Medina et al

Filing 47

ORDER signed by Magistrate Judge Edmund F. Brennan on 04/10/12 ordering the court hereby grants plaintiff's 03/15/12 request 44 and will consider plaintiff's amended opposition brief 44 , 45 along with plaintiff's 01/03/12 response 38 , 39 in resolving defendants' motion for summary judgment. No further amendments will be permitted. Defendants may respons to plaintiff's amended opposition brief within 30 days from the date of this order. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELDRED NICHOLSON,
Plaintiff,

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vs.

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No. CIV S-10-1425 KJM EFB P

D. MEDINA, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On October 7, 2011, defendants moved for summary judgment. Dckt. No. 30.

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On January 3, 2012, plaintiff opposed the motion, and on January 9, 2012, defendants filed a

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reply. Dckt. Nos. 38, 39, 41. Plaintiff now requests leave to file an “amended objection,” to the

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motion for summary judgment, which the court construes as a request for leave to file an

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amended opposition brief. Dckt. Nos. 44, 45. Defendants oppose plaintiff’s request on the

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grounds that a “surreply” is not an authorized filing, and because they will be prejudiced by not

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having the opportunity to reply to plaintiff’s “amended objections.” Dckt. No. 46.

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The court hereby grants plaintiff’s March 15, 2012 request (Dckt. No. 44), and will

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consider plaintiff’s amended opposition brief (Dckt. Nos. 44, 45) along with plaintiff’s January

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3, 2012 response (Dckt. Nos. 38, 39), in resolving defendants’ motion for summary judgment.

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No further “amendments” will be permitted.

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Defendants may respond to plaintiff’s amended opposition brief within 30 days from the
date of this order.

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So ordered.

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DATED: April 10, 2012.

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