Jordan v. Ryan et al

Filing 45

ORDER that Defendants' Motion to Strike Plaintiff's Motion of Reply to Defendants' Answer, doc. 44 , is GRANTED. The Clerk of Court is kindly directed to strike doc. 43 from the record. Signed by Magistrate Judge Lawrence O Anderson on 9/27/2012.(KMG)

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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 Jermaine Jordan, 10 11 Plaintiff, vs. 12 Charles L. Ryan, et al., 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-11-2272-PHX-ROS (LOA) ORDER 15 This matter arises before the Court on Defendants’ Motion to Strike Plaintiff’s Motion 16 of Reply to Defendants’ Answer, doc. 43. (Doc. 44) 17 I. Background 18 Plaintiff filed a pro se Prisoner Civil Rights Complaint on November 18, 2011, 19 pursuant to 42 U.S.C. § 1983. (Doc.1) Plaintiff alleged only one claim for relief, i.e., that his 20 Eighth Amendment rights were violated when Defendants failed to protect him from being 21 raped by another inmate. (Doc. 8 at 3) After the mandatory screening process pursuant to 22 28 U.S.C. § 1915A(a), the Court ordered that Defendants Morgan and Moore answer the 23 complaint. (Id. at 3) The Court dismissed the remaining defendants. (Id.) Defendants 24 Morgan and Moore answered the complaint on August 29, 2012. (Doc. 42) On September 25 5, 2012, Plaintiff filed a document entitled Motion to Reply to Defendants Answer. (Doc. 26 43) It is that document that Defendants wish to have the Court strike. 27 /// 28 1 II. Analysis 2 Defendants moved to strike Plaintiff’s Reply on the ground that a reply to an answer 3 is not permitted under the Federal Rules of Civil Procedure, unless the Court orders that one 4 be filed. Fed. R. Civ. P. 7(a)(7). The rule sets forth the only pleadings that are allowed. 5 Subsection (7) specifically states that a reply to an answer is only permitted if the court 6 orders one. (Id.) 7 Plaintiff does not allege, nor does the docket reflect, that the Court ordered a reply to 8 Defendants’ answer. Therefore, under Rule 7(a)(7) of the Federal Rules of Civil Procedure, 9 it is an impermissible pleading and the Court will strike it from the record. 10 Accordingly, 11 IT IS ORDERED that Defendants’ Motion to Strike Plaintiff’s Motion of Reply to 12 Defendants’ Answer, doc. 44, is GRANTED. The Clerk of Court is kindly directed to strike 13 doc. 43 from the record. 14 Dated this 27th day of September, 2012. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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