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