Wilkins v. Macomber et al

Filing 94

ORDER signed by Magistrate Judge Dennis M. Cota on 12/29/22 DENYING 86 Motion to Strike. (Woodworth, 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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KEENAN WILKINS, also known as
Nerrah Brown,
Plaintiff,
v.

No. 2:16-CV-0475-TLN-DMC-P

ORDER

JEFF MACOMBER, et al.,
Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 86, to strike

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Defendants’ filing at ECF No. 85.

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Plaintiff states that Defendants are attempting by way of their most recent filing

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relating to their summary judgment motion to introduce new arguments. This does not seem to be

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the case. On the contrary, it appears that Defendants seek to withdraw portions of their pending

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motion for summary judgment – which works to Plaintiff’s advantage – and to respond to

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Plaintiff’s motion for leave to file a sur-reply, which has been granted. The Court will afford

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Defendants the same privilege afforded Plaintiff when Plaintiff’s motion for leave to file a sur-

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reply was granted and will consider Defendants’ filing at ECF No. 85 when it separately rules on

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the pending motion for summary judgment.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to strike, ECF
No. 86, is denied.

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Dated: December 29, 2022

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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