Scott

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 10 TREMANE DARNELL CARTHEN, Case No. 1:19-cv-00227-DAD-EPG (PC) 11 Plaintiff, ORDER ALLOWING PLAINTIFF TO FILE SUR-REPLY RE: EGBERT V. BOULE v. 13 P. SCOTT, et al., Defendants. 16 Tremane Carthen (“Plaintiff”) is a federal prisoner proceeding pro se and in forma pauperis with this civil rights action. On May 18, 2022, Defendants filed a motion to dismiss. (ECF No. 54). On June 13, 2022, Plaintiff filed his opposition. (ECF No. 62). On July 5, 2022, Defendants filed their reply. (ECF No. 66). In their reply, Defendants make arguments based on Egbert v. Boule, 142 S. Ct. 1793 (2022), which, as Defendants point out, was decided after their motion to dismiss was filed (ECF No. 66, p. 1). 25

1 While the Court received Plaintiff’s opposition on June 13, 2022, the certificate of service states that Plaintiff’s opposition was served on May 29, 2022. (ECF No. 62, p. 13). 28 As Plaintiff has not had an opportunity to…