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