Jordan v. Morgan

Filing 23

ORDER granting 19 Defendant's Motion to Strike and directing the Clerk to strike 16 Plaintiff's Objection/Response to Defendant's Answer. Signed by Magistrate Judge Lawrence O Anderson on 6/27/11.(LSP)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 ) ) ) Jermaine Jordan, ) ) vs. ) Arizona Department of Corrections,) Charles Ryan, CO III Moore, and CO II) ) Morgan, ) ) Defendants. ) No. CV 10-1538-PHX-ROS (LOA) ORDER 15 16 This matter arises upon Defendant Morgan’s Motion to Strike. (Doc. 19) Defendant 17 Morgan moves to strike Plaintiff’s Objection/Response to Defendant’s Answer. (Doc. 16) 18 Federal Rule of Civil Procedure Rule 7 lists proper pleadings. A reply to an answer is 19 permitted only if ordered by the Court. Fed. R. Civ. P. 7(a)(7) The Court has not ordered a 20 response to the Answer in this case. As such, Plaintiff’s reply is an improper pleading, and the 21 Court will grant Defendant’s Motion to Strike. 22 Accordingly, 23 IT IS ORDERED GRANTING Defendant’s Motion to Strike, doc. 19, and directing the 24 Clerk of Court to strike Plaintiff’s Objection/Response to Defendant’s Answer, doc. 16. 25 26 27 28 DATED this 27th day of June, 2011.

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