UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 12, 2012
JAMES R. WILLIS,
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.)
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
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.)
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.
Based on the foregoing, Plaintiff's surreply, filed on August 31, 2012, is STRICKEN from the record.
IT IS SO ORDERED.