Andreas v. Yates et al
Filing
43
ORDER STRIKING Plaintiff's 42 Supplement to Sur-Reply to Motion to Dismiss, signed by Magistrate Judge Sandra M. Snyder on 5/11/2010. (Sondheim, M)
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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 IT IS SO ORDERED. Dated: icido3 May 11, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE Plaintiff Nicolas David Andreas, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 8, 2008. Neither the Federal Rules of Civil Procedure nor the Local Rules provides for a sur-reply to a moving party's reply in a motion to dismiss, absent an order from the court requiring one. Fed. R. Civ. P. 12. In this case, the Court did not order a sur-reply in opposition to Defendants' reply such that Plaintiff's sur-reply to Defendants' reply, filed May 3, 2010, was ordered stricken from the record. Accordingly, Plaintiff's supplement to his sur-reply in support of his opposition to Defendants' motion to dismiss, filed May 7, 2010, is HEREBY ORDERED STRICKEN from the record. v. JAMES YATES, et al., Defendants. / NICOLAS DAVID ANDREAS, Plaintiff, CASE NO. 1:08-cv-01410-LJO-SMS PC ORDER STRIKING PLAINTFF'S SUPPLEMENT TO SUR-REPLY TO MOTION TO DISMISS (Doc. 42)
UNITED STATES DISTRICT COURT
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