(PC) Carthen v. Scott ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 TREMANE DARNELL CARTHEN, Case No. 1:19-cv-00227-DAD-EPG (PC) 11 Plaintiff, ORDER ALLOWING PLAINTIFF TO FILE 12 SUR-REPLY RE: EGBERT V. BOULE v. 13 14 P. SCOTT, et al., 15 Defendants. 16 17 Tremane Carthen (“Plaintiff”) is a federal prisoner proceeding pro se and in forma pauperis 18 with this civil rights action. 19 On May 18, 2022, Defendants filed a motion to dismiss. (ECF No. 54). On June 13, 2022, 20 Plaintiff filed his opposition. (ECF No. 62).1 On July 5, 2022, Defendants filed their reply. 21 (ECF No. 66). 22 In their reply, Defendants make arguments based on Egbert v. Boule, 142 S. Ct. 1793 23 (2022), which, as Defendants point out, was decided after their motion to dismiss was filed (ECF 24 No. 66, p. 1). 25 26 27 1 While the Court received Plaintiff’s opposition on June 13, 2022, the certificate of service states that Plaintiff’s opposition was served on May 29, 2022. (ECF No. 62, p. 13). 28 1 As Plaintiff has not had an opportunity to address Defendants’ arguments related to Egbert 2 | v. Boule, the Court will give Plaintiff an opportunity to address these arguments if he chooses to 3 | do so. 4 Accordingly, IT IS HEREBY ORDERED that Plaintiff has twenty-one days from the date 5 | of service of this order to file a sur-reply that addresses only the arguments in Defendants’ reply 6 | related to Egbert v. Boule if he chooses to do so. 7 g IT IS SO ORDERED. 9] Dated: _ July 11, 2022 [see heey □ 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28