Lyons

I. BACKGROUND

17 Allen Hammler (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 18 with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s 19 First Amended Complaint filed on April 3, 2019, against defendant A. Lucas (Appeals 20 Coordinator) (“Defendant”) for violation of freedom of speech under the First Amendment.1 21 (ECF No. 12.) 22 On March 4, 2022, Defendant filed a motion for terminating and monetary sanctions 23 against Plaintiff. (ECF No. 57.) On May 24, 2022, Plaintiff filed an opposition to the motion. 24 (ECF No. 68.) On June 10, 2022, Defendant filed a reply to the opposition. (ECF No. 70.) On 25

27 1 On July 27, 2021, the court dismissed all other claims from this case based on Plaintiff’s failure to state a claim. (ECF No. 36.) December 22, 2022, Plaintiff filed an addendum to his opposition to the motion. (ECF No. 73.) The Court construes Plaintiff’s addendum to the opposition as an impermissible surreply. II. SURREPLY A surreply, or sur-reply, is an additional reply to a motion filed after the motion has already been fully briefed. USLegal.com,…