Blocker v. Sadighi et al

Filing 55

ORDER signed by Magistrate Judge Deborah Barnes on 1/15/21 ORDERING Plaintiff may submit his responses to the itemized list of facts in the defendantsStatement of Undisputed Facts, which plaintiff refers to in his sur-reply brief, within 30 days of service of this order; and The Clerk of the Court is directed to send plaintiff a copy of defendants Statement of Undisputed Facts 48 -3 and plaintiffs opposition brief 49 along with this order.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA BLOCKER,

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No. 2:18-cv-00253 WBS DB

Plaintiff,

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v.

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ORDER

PATRICK PRICE,

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Defendant.

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Plaintiff, Joshua Blocker, is a state prisoner proceeding pro se and in forma pauperis with

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a civil rights action pursuant to 42 U.S.C. § 1983.

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In reviewing the parties’ briefing on defendant’s currently pending summary judgment

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motion, it appears that plaintiff may have omitted or failed to attach a document he intended to

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file with his opposition. In plaintiff’s sur-reply1, plaintiff states that he responded to the itemized

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facts in defendant’s Statement of Undisputed Facts (DSUF) in the white space provided to the

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right of each fact on the DSUF. (EDF No. 52 at 2-3.) However, the only documents filed by

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plaintiff were his opposition brief and its associated exhibits. (ECF No. 49.)

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The filing of a sur-reply is not authorized by the Federal Rules of Civil Procedure or the Local
Rules. See Fed. R. Civ. P. 12; Local Rule 230. Nonetheless, in light of plaintiff’s pro se status,
the undersigned has reviewed the sur-reply in evaluating defendant’s motion for summary
judgment.
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To the extent plaintiff meant to include with his opposition a document containing his

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responses to the itemized facts in the DSUF, the court will provide plaintiff with additional time

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to submit it. However, plaintiff is advised that this is not a second opportunity to oppose

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defendant’s motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff may submit his responses to the itemized list of facts in the defendant’s

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Statement of Undisputed Facts, which plaintiff refers to in his sur-reply brief, within

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thirty days of service of this order; and

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2. The Clerk of the Court is directed to send plaintiff a copy of defendant’s Statement of

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Undisputed Facts (ECF No. 48-3) and plaintiff’s opposition brief (ECF No. 49) along

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with this order.

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Dated: January 15, 2021

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DLB:14
DLB1/orders/prisoner-civil rights/bloc0235.suf

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