Heilman v. Wasko, et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 07/10/13 denying 27 Motion to Strike plaintiff's unauthorized surreply. Defendant is granted 14 days from the date of this order in which to reply to plaintiff's second opposition filed on 05/03/13. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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THOMAS JOHN HEILMAN,
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No. 2:12-cv-01966 AC P
Plaintiff,
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v.
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TODD WASKO,
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ORDER
Defendant.
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Plaintiff, a state prisoner, has filed a pro se civil rights complaint pursuant to 42 U.S.C. §
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1983. Plaintiff proceeds with a single claim under the First Amendment against defendant Todd
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Wasko. On March 28, 2013, defendant filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)
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asserting that plaintiff failed to exhaust available administrative remedies. ECF No. 23. Plaintiff
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filed an opposition to the motion and defendant filed a reply. ECF Nos. 24, 25. Subsequently,
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plaintiff filed a second opposition which defendant has moved to strike as an unauthorized
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surreply. ECF Nos. 26, 27.
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Under the local rule governing prisoner actions, proper briefing of a motion in this court
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consists of the moving party’s motion, the responding party’s opposition or statement of non-
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opposition, and the moving party’s optional reply to the opposition. See Local Rule 230(l). Here,
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in light of plaintiff’s pro se status, and because defendant will not suffer prejudice, the court will
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consider plaintiff’s second opposition to the motion to dismiss. Plaintiff is advised, however, that
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future unauthorized briefing will not be considered except with leave of court which may be
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sought by filing a motion for leave to submit supplemental briefing. Sua sponte, defendant is
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granted 14 days from the date of this order in which to reply to plaintiff’s second opposition,
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should defendant wish to do so.
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In accordance with the above, IT IS HEREBY ORDERED THAT:
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1. Defendant’s motion to strike plaintiff’s unauthorized surreply (ECF No. 27) is
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DENIED;
2. Defendant is granted 14 days from the date of this order in which to reply to plaintiff’s
second opposition filed on May 3, 2013.
DATED: July 10, 2013
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___________________________________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE
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AC:LS//heil.1966.motstrike.docx
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