Covert v. Graham et al

Filing 62

ORDER FOR FURTHER BRIEFING re 61 Reply to Opposition/Response filed by R. Harrison, D. Graham. Signed by Judge ARMSTRONG on 2/11/13. (lrc, COURT STAFF) (Filed on 2/12/2013)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 JAMES W. COVERT, Plaintiff, 7 8 vs. Case No: C 06-6626 SBA (pr) ORDER FOR FURTHER BRIEFING Docket 50 9 R. GRAHAM, et al., 10 Defendants. 11 12 13 Currently pending in this prisoner civil rights case is Defendants’ unenumerated 14 motion to dismiss for failure to exhaust administrative remedies, pursuant to Federal Rule 15 of Civil Procedure 12(b). Dkt. 50. In its reply, Defendants rely on evidence pertaining to 16 Grievance No. SQ-05-1563 which “was not previously available to Defendants or San 17 Quentin staff when preparing the instant motion to dismiss[.]” Defs.’ Reply at 5:3-6, Dkt. 18 61. It is improper for the Court to consider new information presented in a reply without 19 affording the opposing party an opportunity to respond. Accordingly, 20 IT IS HEREBY ORDERED THAT Plaintiff may file a surreply that responds 21 directly to the new evidence proffered by Defendants. If Plaintiff elects to file a surreply, 22 he shall do so by no later than February 20, 2013. The surreply may not exceed two pages. 23 24 IT IS SO ORDERED. Dated: February 11, 2013 25 26 27 28 N:\Keith\Prisoner\06-6626 - Covert - Order for Further Briefing.docx ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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