Wright v. Clark et al

Filing 93

ORDER STRIKING 92 Plaintiff's Reply filed by Raymond Wright from the record, signed by Magistrate Judge Sandra M. Snyder on 8/15/2011. (Martin-Gill, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 RAYMOND WRIGHT, 10 Plaintiff, 11 12 CASE NO. 1:07-cv-00462-AWI-SMS PC ORDER STRIKING PLAINTIFF’S REPLY v. (ECF No. 92) SCOTT KEBNAN, et al., 13 Defendants. / 14 15 Plaintiff Raymond Wright (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the 17 first amended complaint, filed March 27, 2008, against Defendants Lefler, Figueroa, Gonzalez, 18 Hernandez and Rivera for interference with Plaintiff’s right of access to the courts; Defendants 19 Lefler, Gonzalez, Rivera, Desbit, Lima, Peterson, Pearce, Baires, Pennington, Grannis, and Kernan 20 for retaliation; and Defendants Lefler, Orozco and Miller for violations of the Equal Protection 21 Clause. On June 16, 2011, Defendant Pennington filed an answer to the amended complaint and 22 Plaintiff filed a reply on August 11, 2011. 23 The Federal Rules of Civil Procedure provide, in relevant part, that there shall be a 24 complaint, an answer, and a reply to an answer if the court orders one. Fed. R. Civ. P. 7(a). The 25 Court has not ordered a reply to the answer and declines to make such an order. Therefore Plaintiff’s 26 reply shall be stricken from the record. 27 /// 28 /// 1 1 2 Accordingly, it is HEREBY ORDERED that Plaintiff’s reply, filed August 11, 2011, is STRICKEN from the record. 3 4 IT IS SO ORDERED. 5 Dated: icido3 August 15, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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