Garcia

ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION AND DENYING PLAINTIFF’S MOTION FOR LEAVE TO FILE A SECOND OPPOSITION/SURRE-PLY TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

(Docs. 87, 88)

I. BACKGROUND

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© on November 2, 2015. However, on November 12, 2015, Plaintiff filed another opposition (the “surreply”). (See Doc. 73.) Because Plaintiff does not have a right to file a surreply under the Local Rules or the Federal Rules of Civil Procedure and Plaintiff did not obtain leave of court to file a surreply, on May 18, 2016, the Court struck Plaintiffs surreply from the docket. (Doc. 85.)

On May 18, 2016, Plaintiff filed a motion for reconsideration of the Magistrate Judge’s order granting Defendants’ motion to strike the surreply…