Pulliam v. Lozano et al
ORDER DENYING 36 Plaintiff's Motion for Leave to File Reply Pleading signed by Magistrate Judge Michael J. Seng on 11/8/2010. (Jessen, A)
(PC) Pulliam v. Lozano et al
1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Plaintiff Joseph R. Pulliam ("Plaintiff") is a state prisoner proceeding pro se and in 16 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Before the Court 17 is Plaintiff's Request for Leave of Court to File Reply Brief. (ECF No. 36.) 18 In his Request, Plaintiff states that he recently obtained a California State Prisoner's 19 Handbook from which he learned that once Defendants filed an answer, Plaintiff had 20 twenty days to file a reply. Plaintiff notes that Defendants filed their Answer to his 21 Complaint on April 27, 2010, but Plaintiff never filed a reply because he was unaware of 22 the need to do so. He asks the Court for leave to file a reply now to ensure he properly 23 prosecutes his case. 24 The Court appreciates Plaintiff's desire to diligently prosecute his case. However, 25 the rule cited by Plaintiff, Federal Rule of Civil Procedure 12(a), applies only if the Court 26 orders a party to file a reply to an answer. In this case, the Court did not order Plaintiff to 27 file a reply. The Court does not here desire such a reply. In fact, had Plaintiff filed a reply 28 1
UNITED STATES DISTRICT COURT
JOSEPH R. PULLIAM, Plaintiff, v.
ORDER DENYING PLAINTIFF'S REQUEST FOR LEAVE TO FILE REPLY PLEADING (ECF No. 36)
R. LOZANO, et al., Defendants. /
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
to Defendants' April 27, 2010 Answer, the Court would have ordered it stricken from the record. Fed. R. Civ. P. 7(a). At this point in the litigation, with discovery underway for over six months, a reply pleading would not in any event be helpful. Accordingly, Plaintiff's Motion for leave to file a reply pleading is DENIED.
IT IS SO ORDERED. Dated: ci4d6 November 8, 2010 /s/ UNITED STATES MAGISTRATE JUDGE
Michael J. Seng
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