Win

(PC) Parnell v. Win

Good Law
United States District Court, Eastern District of CaliforniaSeptember 25, 20192:18-cv-00220California527 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICKY PARNELL, No. 2:18-cv-0220 KJN P Plaintiff, v. ORDER DR. K. WIN, DR. CHIN, Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel. On June 18, 2019, defendants filed their reply to plaintiff’s opposition to the pending motion for summary judgment. On July 29, 2019, plaintiff filed an untimely and unauthorized sur-reply. On August 5, 2019, defendants filed a motion to strike the sur-reply, but in the alternative, asked for leave to file a response to address plaintiff’s new allegations. Parties do not have the right to file sur-replies and motions are deemed submitted when the time to reply has expired. Local Rule 230(l). The Court generally views motions for leave to file a sur-reply with disfavor. Hill v. England, 2005 WL 3031136, at *1 (E.D. Cal. 2005) (citing Fedrick v. Mercedes-Benz USA, LLC, 366 F.Supp.2d 1190, 1197 (N.D. Ga. 2005)). Nevertheless, the undersigned does not…

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