Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

James R. Willis v. Harley G. Lappin

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 12, 2012

JAMES R. WILLIS,
PLAINTIFF,
v.
HARLEY G. LAPPIN, ET AL., DEFENDANTS.

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

ORDER STRIKING SURREPLY (Doc. 53.)

I. BACKGROUND

James R. Willis ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Agents, 403 U.S. 388 (1971) and the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. Plaintiff filed the Complaint commencing this action on September 28, 2009. (Doc. 1.) The case now proceeds with the Third Amended Complaint filed on July 8, 2011, against defendant United States of America for negligence under the Federal Tort Claims Act; and against defendants Warden Dennis Smith, Associate Warden Belinda Avalos, Lieutenant ("Lt.") Cobb, Lt. Paul, Unit Manager Devere, Unit Manager Mrs. Bowles, Case Manager Liwag,*fn1 and Associate Warden Carolyn Gant for failure to protect Plaintiff, in violation of the Eighth Amendment.*fn2 (Doc. 24.)

On June 20, 2012, Defendants filed a motion to dismiss. (Doc. 43.) On July 16, 2012, Plaintiff filed an opposition to the motion. (Docs. 47, 48.) On August 20, 2012, Defendants filed a reply to the opposition. (Doc. 51.) On August 31, 2012, Plaintiff filed a surreply. (Doc. 53.)

II. SURREPLY

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 shall be stricken from the record.

III. CONCLUSION

Based on the foregoing, Plaintiff's surreply, filed on August 31, 2012, is STRICKEN from the record.

IT IS SO ORDERED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.