Dupree v. Muniz

Filing 28

ORDER signed by Magistrate Judge Allison Claire on 11/27/18 ORDERING that, within 21 days after the filing date of this order, petitioner may file and serve a surreply responsive to respondents reply brief and the pending motion to dismiss. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANDRE ANTONIO DUPREE,

12

Petitioner,

13
14

No. 2:17-cv-2543 MCE AC P

v.

ORDER

W. MUNIZ, Warden,

15

Respondent.

16
Petitioner is a state prisoner proceeding pro se with an application for writ of habeas

17
18

corpus pursuant to 28 U.S.C. § 2254. Currently pending is respondent’s motion to dismiss this

19

action as untimely, ECF No. 12, which petitioner has opposed, ECF No. 20. After extended time,

20

respondent recently filed a detailed reply brief. ECF No. 27. Further briefing is not permitted

21

absent court authorization. See Local Rule 230(b)-(d) (providing for a motion, opposition, and

22

reply). A district court may allow a surreply “where a valid reason for such additional briefing

23

exists[.]” Hill v. England, 2005 WL 3031136, at *1, 2005 U.S. Dist. LEXIS 29357, at *2-3 (Case

24

No. 1:05-cv-0869 REC TAG) (E.D. Cal. Nov. 8, 2005). Because respondent’s reply is factually

25

detailed and supported by exhibits that were not attached to the motion, the court finds it

26

appropriate to provide an opportunity for petitioner to respond.

27

////

28

////
1

1

Accordingly, IT IS HEREBY ORDERED that, within twenty-one (21) days after the

2

filing date of this order, petitioner may file and serve a surreply responsive to respondent’s reply

3

brief and the pending motion to dismiss.

4
5

SO ORDERED.
DATED: November 27, 2018

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2