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Christopher Reynart v. William A. Lee

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


February 16, 2012

CHRISTOPHER REYNART, PETITIONER,
v.
WILLIAM A. LEE, RESPONDENT.

The opinion of the court was delivered by: Seybert, District Judge:

ORDER

The Court is in receipt three separate reply briefs submitted by the Petitioner in support of his Petition. (Docket Entries 8, 13, 14.)*fn1 While Petitioner was entitled to file a response to Respondent's submission, he submitted the additional two "replies" without first seeking the Court's leave. The Court need not consider such supplemental papers, which function as an unauthorized sur-reply. See Kapiti v. Kelly, No. 07-CV- 3782, 2008 WL 754686, at *1 n.1. Additionally, the Court need not consider arguments raised for the first time in a reply brief. See Keefe v. Shalala, 71 F.3d 1060, 1066 n.2; Concepcion v. U.S., 181 F. Supp. 2d 206, 231 (E.D.N.Y. 2002).

Therefore, the Court will not consider the arguments raised by Petitioner in these unauthorized supplemental filings.

If Petitioner continues to file these unauthorized sur-replies, he may face sanctions.

The Clerk of the Court is directed to send a copy of this Order to the pro se Petitioner.

SO ORDERED.

Joanna Seybert, U.S.D.J.


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