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Andreas v. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 11, 2010

NICOLAS DAVID ANDREAS, PLAINTIFF,
v.
JAMES YATES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER STRIKING PLAINTFF'S SUPPLEMENT TO SUR-REPLY TO MOTION TO DISMISS

(Doc. 42)

Plaintiff Nicolas David Andreas, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 8, 2008.

Neither the Federal Rules of Civil Procedure nor the Local Rules provides for a sur-reply to a moving party's reply in a motion to dismiss, absent an order from the court requiring one. Fed. R. Civ. P. 12. In this case, the Court did not order a sur-reply in opposition to Defendants' reply such that Plaintiff's sur-reply to Defendants' reply, filed May 3, 2010, was ordered stricken from the record.

Accordingly, Plaintiff's supplement to his sur-reply in support of his opposition to Defendants' motion to dismiss, filed May 7, 2010, is HEREBY ORDERED STRICKEN from the record.

IT IS SO ORDERED.

20100511

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