Kibler
(PC) Peyton v. Kibler
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEE EDWARD PEYTON, No. 2:21-cv-0719 DAD KJN P Plaintiff, v. ORDER BRIAN KIBLER, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. Defendants’ motion for summary judgment is fully briefed and submitted for decision. On November 6, 2023, plaintiff filed a request for an extension of time to file a response to defendants’ reply, known as a sur-reply. As discussed below, plaintiff’s request is denied. Background Defendants’ motion for summary judgment was filed on December 15, 2022. (ECF No. 71.) On January 6, 2023, the undersigned stayed defendants’ motion and briefing thereon pending resolution of plaintiff’s request for reconsideration. (ECF No. 73.) On August 23, 2023, the district court denied plaintiff’s motion for reconsideration. On September 7, 2023, the parties were directed to complete briefing on the pending motion for summary judgment. (ECF No. 79.) Plaintiff sought…