Filed: Aug. 29, 2019
Latest Update: Aug. 29, 2019
Summary: ORDER STRIKING OBJECTIONS AND ACCEPTING SWORN DECLARATION; DENYING MOTION TO STRIKE AS MOOT (Docket No. 142) BETH LABSON FREEMAN , District Judge . Plaintiff, a state prisoner proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. 1983. Defendants filed a motion for summary judgment, (Docket No. 118), which became submitted on August 1, 2019, upon the filing of their reply, (Docket No. 139). Subsequently, Plaintiff filed a motion for an extension of time to file objection
Summary: ORDER STRIKING OBJECTIONS AND ACCEPTING SWORN DECLARATION; DENYING MOTION TO STRIKE AS MOOT (Docket No. 142) BETH LABSON FREEMAN , District Judge . Plaintiff, a state prisoner proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. 1983. Defendants filed a motion for summary judgment, (Docket No. 118), which became submitted on August 1, 2019, upon the filing of their reply, (Docket No. 139). Subsequently, Plaintiff filed a motion for an extension of time to file objections..
More
ORDER STRIKING OBJECTIONS AND ACCEPTING SWORN DECLARATION; DENYING MOTION TO STRIKE AS MOOT
(Docket No. 142)
BETH LABSON FREEMAN, District Judge.
Plaintiff, a state prisoner proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983. Defendants filed a motion for summary judgment, (Docket No. 118), which became submitted on August 1, 2019, upon the filing of their reply, (Docket No. 139). Subsequently, Plaintiff filed a motion for an extension of time to file objections to Defendants' reply along with a properly sworn declaration in support of his opposition. (Docket No. 140.) On August 26, 2019, the Court denied the motion to file objections in a sur-reply while granting Plaintiff an opportunity to file a properly sworn and signed declaration. (Docket No. 143.)
On the same date that the court's order was filed, Plaintiff filed objections along with a properly sworn declaration. (Docket No. 141-1 at 3-14.) Defendants have filed a motion to strike these papers as an unauthorized sur-reply under Local Rule 7-3(d). (Docket No. 142.) Pursuant to the Court's August 26, 2019 order, the only document which the Court will accept is Plaintiff's sworn declaration, and his objections to Defendants' reply will not be considered. Defendants' motion to strike is DENIED as moot. This matter is now submitted and no further briefing shall be accepted.
This order terminates Docket No. 142.
IT IS SO ORDERED.
