Perez

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ETUATE SEKONA, 1:19-cv-00400-JLT-GSA (PC)

Plaintiff, ORDER STRIKING

IMPERMISSIBLE SURREPLY

vs. (ECF No. 84.)

PEREZ, et al.,

Defendants.

15 I. BACKGROUND Etuate Sekona (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The case now proceeds with Plaintiff’s Third Amended Complaint filed on December 13, 2021, against defendants R. Perez, L. Munoz, C. Sims, and Maldonado for failure to protect Plaintiff in violation of the Eighth Amendment.1 (ECF No. 39.) On December 5, 2022, defendants Munoz and Sims (“Defendants”) filed a motion for summary judgment and to dismiss. (ECF No. 69.) On March 2, 2023, Plaintiff filed an opposition to the motion. (ECF No. 76.) On March 15, 2023, Defendants filed a reply to Plaintiff’s opposition. (ECF No. 78.)

27 1 On February 15, 2022, the Court issued an order dismissing…