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Donald Jeffery v. Bennge

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 13, 2011

DONALD JEFFERY,
PLAINTIFF,
v.
BENNGE, ET AL.,
DEFENDANTS.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION (Doc. 113)

ORDER STRIKING PLAINTIFF'S SURREPLIES (Docs. 112, 114)

Plaintiff Donald Jeffery ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on June 15, 2006, and it is proceeding on Plaintiff's third amended complaint against Defendants Cantu and Knight for use of excessive force, in violation of the Eighth Amendment. September 16, 2010, Defendants filed a motion for summary judgment. (Doc. 100). Plaintiff filed his opposition and "Statement of Disputed Factual Issues" on December 9, 2010. (Docs. 107, 108). Defendants filed their reply on January 31, 2011. (Doc. 111). On February 25, 2011, Plaintiff filed a surreply. (Doc 112). On March 8, 2011, Plaintiff motioned the Court to strike the surreply filed on February 25, 2011, and sought permission from the Court to file a surreply. (Doc. 113). On July 8, 2011, Plaintiff filed a renewed surreply. (Doc. 114).

Plaintiff does not have a right to file a surreply under the Local Rules or the Federal Rules of Civil Procedure. *fn1 Therefore, Plaintiff's motion is GRANTED IN PART to the extent that Plaintiff's request to strike the first surreply filed on February 25, 2011, is granted. (Doc. 113). However, Plaintiff's motion is DENIED IN PART to the extent that Plaintiff's request permission from the Court to file a new surreply. Accordingly, Plaintiff's first and second surreplies filed on February 25, 2011, and July 8, 2011, are ORDERED STRICKEN from the record. (Docs. 112, 114).

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE


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