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Antonio Cortez Buckley v. A.K. Scribner

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 13, 2012

ANTONIO CORTEZ BUCKLEY,
PLAINTIFF,
v.
A.K. SCRIBNER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER GRANTING DEFENDANTS' EX PARTE REQUEST TO FILE SUPPLEMENTAL REPLY AND ALLOWING FOR PLAINTIFF'S SUR REPLY (ECF No. 93) DEFENDANTS' SUPPLEMENTAL REPLY DUE OCTOBER 1, 2012 PLAINTIFF'S SUR-REPLY DUE OCTOBER 16, 2012

Plaintiff Antonio Cortez Buckley is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed on April 26, 2004 pursuant to 42 U.S.C. § 1983. (ECF No. 1.) This case proceeds on the claim in Plaintiff's First Amended Complaint that Defendants Dotson, Parangan, Jarralimillio, Peck, Lerman, and Ocegura violated his First Amendment right to free exercise of religion. (ECF Nos. 29, 48, 51.)

On July 11, 2012, Defendants filed a motion for summary judgment. (ECF No. 78.) On September 4, 2012, Plaintiff filed an opposition (ECF Nos. 85-89) and on September 11, 2012, Defendants' filed a reply to the opposition. (ECF No. 94.) Defendants' also filed on September 11, 2012 an ex parte application to supplement their reply with additional evidence regarding the tallis, black yarmulkes and Kaballah prayers (ECF No. 93). Defendant's ex parte application is now before the Court.

GOOD CAUSE APPEARING, it is hereby ORDERED that:

1. Defendants may file, not later than October 1, 2012, a supplemental reply with additional evidence regarding the tallis, black yarmulkes, and Kaballah prayers; and,

2. Plaintiff may file, not later than October 16, 2012, a sur-reply in response to Defendants' supplemental reply.

IT IS SO ORDERED.

20120913

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