Young v. Smith

Filing 64

ORDER signed by Magistrate Judge Craig M. Kellison on 06/20/17 denying 61 Motion to strike. Plaintiff's surreply brief 60 is disregarded. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CINDY CE CE YOUNG, formerly known as Christopher Duke Young, No. 2:15-CV-0733-TLN-CMK-P 12 Plaintiff, 13 vs. ORDER 14 CHRISTOPHER SMITH, et al., 15 Defendants. 16 / 17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 19 42 U.S.C. § 1983. Pending before the court is defendants’ motion (Doc. 61) to strike plaintiff’s 20 surreply brief. Because plaintiff has filed a notice of withdrawal of her surreply brief (see Doc. 21 62), defendants’ motion will be denied as moot. Plaintiff’s surreply brief (Doc. 60) will be 22 disregarded. Defendants’ motion to dismiss (Doc. 45) will be addressed by separate findings 23 and recommendations. 24 /// 25 /// 26 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Defendants’ motion to strike (Doc. 61) is denied as moot; and 3 2. Plaintiff’s surreply brief (Doc. 60) is disregarded. 4 5 6 7 DATED: June 20, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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