Stansbury v. United States Government et al
Filing
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ORDER Striking Defendants' Surreply (Doc. 19 ), signed by Magistrate Judge Gerald B. Cohn on 6/24/2011. (Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KAREEM STANSBURY,
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Plaintiff,
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Case No.: 1:09-cv-01042-GBC (PC)
ORDER STRIKING DEFENDANTS’
SURREPLY
(Doc. 19)
v.
UNITED STATES GOVERNMENT, et al.,
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Defendants.
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/
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Plaintiff Kareem Stansbury, a federal prisoner proceeding pro se and in forma pauperis, filed
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this civil action on June 15, 2009, pursuant to Bivens v. Six Unknown Named Agents of Federal
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Bureau of Narcotics, 403 U.S. 388 (1971). On April 8, 2010, Defendants filed an unenumerated
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12(b) motion to dismiss the action due to the Plaintiff’s failure to exhaust administrative remedies.
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(Doc. 16). On April 21, 2010, Plaintiff filed a “Motion to Dismiss Defendants’ Motion” which the
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Court will construe as an opposition. (Doc. 17). On April 27, 2010, Defendants filed a reply. (Doc.
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18). On May 13, 2010, Plaintiff filed a surreply. (Doc. 19).
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Plaintiff and Defendants do not have a right to file a surreply under the Local Rules or the
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Federal Rules of Civil Procedure. Therefore, Plaintiff's surreply is ORDERED STRICKEN from
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the record. (Doc. 19).
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IT IS SO ORDERED.
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Dated:
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June 24, 2011
UNITED STATES MAGISTRATE JUDGE
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