Filed: May 09, 2016
Latest Update: May 09, 2016
Summary: ORDER GRANTING DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S SECOND OPPOSITION/SURREPLY TO MOTION FOR SUMMARY JUDGMENT (Docs. 73, 75) SHEILA K. OBERTO , Magistrate Judge . Plaintiff Felipe Garcia, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. 1983 on April 25, 2013. On October 1, 2015, Defendants filed a motion for summary judgment. (Doc. 60.) Plaintiff filed an opposition on October 19, 2015, and Defendants filed their reply
Summary: ORDER GRANTING DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S SECOND OPPOSITION/SURREPLY TO MOTION FOR SUMMARY JUDGMENT (Docs. 73, 75) SHEILA K. OBERTO , Magistrate Judge . Plaintiff Felipe Garcia, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. 1983 on April 25, 2013. On October 1, 2015, Defendants filed a motion for summary judgment. (Doc. 60.) Plaintiff filed an opposition on October 19, 2015, and Defendants filed their reply ..
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ORDER GRANTING DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S SECOND OPPOSITION/SURREPLY TO MOTION FOR SUMMARY JUDGMENT (Docs. 73, 75)
SHEILA K. OBERTO, Magistrate Judge.
Plaintiff Felipe Garcia, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on April 25, 2013. On October 1, 2015, Defendants filed a motion for summary judgment. (Doc. 60.) Plaintiff filed an opposition on October 19, 2015, and Defendants filed their reply on November 2, 2015. (Docs. 63, 72.)
Defendants' motion to for summary judgment was deemed submitted pursuant to Local Rule 230(l) on November 2, 2015. However, on November 12, 2015, Plaintiff filed another opposition/surreply. (Doc. 73.) Plaintiff does not have a right to file a second opposition/surreply under the Local Rules or the Federal Rules of Civil Procedure, and Plaintiff did not obtain leave of court to do so.
Therefore, it is HEREBY ORDERED that Defendants' motion to strike Plaintiff's surreply, filed on November 17, 2015, is GRANTED and Plaintiff's second opposition/surreply, filed on November 12, 2015, is STRICKEN from the record.
IT IS SO ORDERED.
