Hurtado v. United States of America

Filing 14

ORDER STRIKING SUPPLEMENTAL REPLY BRIEF 13 by Magistrate Judge Gregory J. Fouratt. Defendant is ORDERED to file a brief that complies with the Court's previous order not later than December 30, 2016. (kdj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

UNITED STATES OF AMERICA,
Plaintiff,
v.

No.

16CV646 JAP/GJF
07CR45 JAP

BENNY HURTADO,
Defendant.

ORDER STRIKING SUPPLEMENTAL REPLY BRIEF [CV Doc. 13, CR Doc. 39]
On October 19, 2016, this Court entered an order denying the United States’ request to stay
this matter pending the Supreme Court’s decision in Beckles v. United States. See Order Denying
Mot. to Stay, CV Doc. 7, CR Doc. 33. In the same order, the Court permitted the United States to
file a supplemental response limited to the sole issue of whether Defendant’s criminal history still
properly classified him as a career offender under U.S.S.G. § 4B1.1. Id. at 3-4. The Court
further authorized Defendant to file a supplemental reply brief to the United States’ supplemental
response. See id. at 4. Finally, and importantly, the same order limited the parties’ supplemental
briefs to no more than ten (10) pages. Id.
Today, after the Court twice extended his deadline to do so, Defendant filed his
supplemental reply brief. See Reply, CV Doc. 13, CR Doc. 39. The brief is twenty (20) pages
long. Not only does its length violate the 10-page limit established by the Court’s earlier order, it
also substantially exceeds the 12-page limitation for all replies under the Local Rules. See
D.N.M.LR-Civ. 7.5 and D.N.M.LR-Crim. 47.9.
Consequently, this Court sua sponte will order that Defendant’s supplemental reply brief

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(CV Doc. 13, CR Doc. 39) be STRICKEN. Defendant is ORDERED to file a brief that
complies with the Court’s previous order not later than December 30, 2016.
SO ORDERED.

____________________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

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