Huckabee v. Medical Staff at CSATF et al

Filing 227

ORDER STRIKING Plaintiff's 225 226 Responses to Defendants' Answers signed by Magistrate Judge Barbara A. McAuliffe on 7/13/2017. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ANTHONY CRAIG HUCKABEE,

12
13
14

Plaintiff,

Case No. 1:09-cv-00749-DAD-BAM (PC)
ORDER STRIKING PLAINTIFF’S
RESPONSES TO DEFENDANTS’ ANSWERS

v.
(ECF Nos. 225, 226)
MEDICAL STAFF AT CSATF, et al.,

15

Defendants.

16
17

Plaintiff Anthony Craig Huckabee (“Plaintiff”) is a state prisoner proceeding pro se and in

18

forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

19

Plaintiff’s fifth amended complaint against Defendants Wu, McGuinness, Enenmoh, Jeffreys, and

20

Jimenez in their individual capacities for deliberate indifference to serious medical needs in

21

violation of the Eighth Amendment. (ECF Nos. 195, 199.)

22

On June 15, 2017, Defendant McGuiness answered Plaintiff’s complaint. (ECF No. 212.)

23

On June 19, 2017, Defendants Enenmoh, Jimenez, and Wu answered Plaintiff’s complaint. (ECF

24

No. 217.) On July 12, 2017, Plaintiff filed responses to both answers. (ECF Nos. 225, 226.)

25

In relevant part, the Federal Rules of Civil Procedure provide that there shall be a

26

complaint, an answer to a complaint, and, if the court orders one, a reply to an answer. Fed. R.

27

Civ. P. 7(a). The Court has not ordered a reply to Defendants’ answers and declines to make such

28

an order.
1

1
2

Accordingly, Plaintiff’s responses to Defendants’ answers, filed on July 12, 2017, (ECF
Nos. 225, 226), are HEREBY STRICKEN from the record.

3
4
5

IT IS SO ORDERED.
Dated:

/s/ Barbara

July 13, 2017

A. McAuliffe

_

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