Scott v. Palmer et al

Filing 37

ORDER Striking 36 Reply to Answer, signed by Magistrate Judge Sheila K. Oberto on 7/7/11. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FLOYD SCOTT,

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Plaintiff,

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CASE NO. 1:09-cv-01329-AWI-SKO PC
ORDER STRIKING REPLY TO ANSWER

v.

(Doc. 36)

J. PALMER, et al.,

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Defendants.
/

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Plaintiff Floyd Scott, a state prisoner proceeding pro se, filed this civil rights action pursuant

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to 42 U.S.C. § 1983 on July 29, 2009. This action is proceeding against Defendants Palmer, Rivera,

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and Lopez for excessive force, in violation of the Eighth Amendment. On July 5, 2011, Plaintiff

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filed a reply to Defendants’ answer.

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Neither the Federal Rules of Civil Procedure nor the Local Rules provides for a reply to an

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answer, absent an order from the Court requiring one. Fed. R. Civ. P. 7(a)(7). In this case, the Court

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did not order a reply to the answer. Accordingly, Plaintiff’s reply to Defendants’ answer, filed July

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5, 2011, is HEREBY ORDERED STRICKEN from the record.

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IT IS SO ORDERED.

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Dated:
ie14hj

July 7, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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