Burton

(PC) Bennett v. Burton

Good Law
United States District Court, Eastern District of CaliforniaOctober 17, 20222:21-cv-01340California579 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN BENNETT, No. 2:21-cv-1340 KJN P Plaintiff, v. ORDER BURTON, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. Defendants’ motion for summary judgment based on exhaustion of administrative remedies is pending. On June 9, 2022, plaintiff filed a document styled, “Rebuttal and Response to Defendants’ Reply.” (ECF No. 35.) On June 14, 2022, defendants objected that plaintiff’s filing was an unauthorized surreply, and should not be considered. (ECF No. 36.) However, if the court decided to consider the surreply, defendants sought leave to respond. (Id.) Parties do not have the right to file surreplies, and motions are deemed submitted when the time to reply expires. Local Rule 230(l). The Court generally views motions for leave to file a surreply with disfavor. Hill v. England, 2005 WL 3031136, at *1 (E.D. Cal. 2005) (citation omitted). However, district courts have the…

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