(PC) Smith v. Gonzales

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 LARRY SMITH, 1:17-cv-00436-DAD-GSA (PC)

Plaintiff, ORDER STRIKING IMPERMISSIBLE

SURREPLY

v. (ECF No. 93.)

J. GONZALES, et al., Defendants. 14 I. BACKGROUND Larry Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended Complaint filed on June 23, 2017, against defendants Sergeant Gonzales, Correctional Officer (C/O) Johnson, C/O Castro, C/O G. Meier,1 C/O Flores,2 and C/O Potzernitz for use of excessive force in violation of the Eighth Amendment; against defendant C/O Scaife for failure to protect Plaintiff in violation of the Eighth Amendment; and against defendant Sergeant Gonzales for retaliation in violation of the First Amendment. (ECF No. 12.) On December 21, 2020, defendants Gonzales, Johnson, Castro, Meier, Flores, Potzernitz, and Scaife (“Defendants”) filed a motion for summary…