Jones

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ABAN ABIEL, No. 2:22-cv-1657 CKD P Plaintiff, v. ORDER AND R. JONES, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. The remaining defendant, R. Jones, is a correctional officer employed by the California Department of Corrections and Rehabilitation at Folsom State Prison. The claim which remains is for sexual assault in violation of the Eighth Amendment. Defendant moves for summary judgment. I. Sur-Reply After plaintiff filed his opposition to defendant’s motion for summary judgment, defendant submitted a reply brief. Plaintiff then submitted a sur-reply without seeking leave to do so. Because sur-replies are generally not permitted in this court, see Local Rule 230(l), and 26 On May 17, 2023, the court screened plaintiff’s complaint as the court must do under 28…