Montoya

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JAMES BOWELL, 1:17-cv-00605-NONE-GSA-PC

Plaintiff, ORDER STRIKING IMPERMISSIBLE

SURREPLY

vs. (ECF No. 94.)

F. MONTOYA, et al.,

Defendants.

15 I. BACKGROUND James Bowell (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended Complaint, filed on May 3, 2018, against defendants Montoya and Carter for violation of due process under the Fourteenth Amendment, and against defendants Killmer and Lopez for conspiracy to place Plaintiff at risk of serious harm and for failure to protect Plaintiff under the Eighth Amendment. (ECF No. 16.)1 On January 25, 2021, defendants Carter, Killmer, Lopez, and Montoya (“Defendants”) filed a motion for summary judgment. (ECF No. 90.) On February 3, 2021, Plaintiff filed an opposition to the motion. (ECF No. 28.) On February 9, 2021,…