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Bey v. Hedgepeth

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 19, 2010

RODNEY GRAVES BEY, PLAINTIFF,
v.
WARDEN A. HEDGEPETH, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER STRIKING PLAINTIFF'S SURREPLY (Doc. 74.)

Rodney Graves Bey ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action on November 5, 2008. (Doc. 1.) This action now proceeds on the First Amended Complaint filed on May 11, 2009, against defendant C/O Spry ("Defendant") for retaliation in violation of the First Amendment.*fn1

On June 16, 2010, Defendant filed a motion to dismiss this action for failure to exhaust remedies. (Doc. 64.) Plaintiff filed an opposition on July 13, 2010, and Defendant filed a reply on July 21, 2010. (Docs. 68, 70.) On August 11, 2010, Plaintiff filed a surreply. (Doc. 74.)

The Local Rules provide for a motion, an opposition, and a reply. Neither the Local Rules nor the Federal Rules provide the right to file a surreply, and the Court neither requested one nor granted a request on the behalf of Plaintiff to file one. Accordingly, Plaintiff's surreply, filed August 11, 2010, shall be stricken from the record.

Accordingly, IT IS HEREBY ORDERED that Plaintiff's surreply, filed August 3, 2010, is STRICKEN from the Court's record.

IT IS SO ORDERED.


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