Tyler v. Alameida, et al

Filing 173

ORDER Striking Plaintiff's 172 Motion of Objection signed by Magistrate Judge Barbara A. McAuliffe on 02/08/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ELONZA JESSE TYLER,

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Plaintiff,

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CASE NO. 1:-04-cv–06638-LJO-BAM PC
ORDER STRIKING PLAINTIFF’S MOTION
OF OBJECTION

v.
ALAMEIDA, et al.,

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(ECF No. 172)
Defendants.
/

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Plaintiff Elonza Jesse Tyler is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. Following remand by the Ninth Circuit of

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Appeal, this action is proceeding against Defendant Smith for deliberate indifference in violation of

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the Eighth Amendment. On January 19, 2012, Defendant Smith filed an answer. Plaintiff filed a

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motion of objection to the answer on February 6, 2012.

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The Federal Rules of Civil Procedure provide, in relevant part, that there shall be a

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complaint, an answer, and a reply to an answer “if the court orders one.” Fed. R. Civ. P. 7(a). The

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Court has not ordered a reply to the answer and declines to make such an order. Therefore,

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Plaintiff’s motion of objection shall be stricken from the record.

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Accordingly, Plaintiff’s motion, filed February 6, 2012, is HEREBY STRICKEN from the
record.
IT IS SO ORDERED.
Dated:
10c20k

February 8, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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