Milan

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

EDWARD B. SPENCER, 1:20-cv-00682-JLT-GSA-PC

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR LEAVE TO FILE SURREPLY

vs. (ECF No. 55.) RICHARD MILAN, Defendant.

18 I. BACKGROUND Edward B. Spencer (“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 against sole defendant Milam1 (“Defendant”) for subjecting Plaintiff to adverse conditions of confinement in violation of the Eighth Amendment. On November 14, 2022, Defendant filed a motion for summary judgment, which is pending. (ECF No. 47.) On January 3, 2023, Plaintiff filed an opposition. (ECF No. 53.) On January 11, 2023, Defendant filed a reply. (ECF No. 54.)

28 1 Sued as Milan. On January 23, 2023, Plaintiff filed a motion for leave to file a surreply in response to Defendant's reply brief. (ECF No. 55.) On January 24, 2023, Defendant filed…