Simmons v. Adams et al

Filing 38

ORDER Striking Plaintiff's 37 Motion for Summary Judgment and/or Reply to Answer, signed by Magistrate Judge Sheila K. Oberto on 12/12/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MELVIN JOSEPH SIMMONS,

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Plaintiff,

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CASE NO. 1:10-cv-01259-LJO-SKO PC
ORDER STRIKING PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT AND/OR
REPLY TO ANSWER

v.
DERAL G. ADAMS, et al.,

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(Doc. 37)

Defendants.
/

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Plaintiff Melvin Joseph Simmons, a state prisoner proceeding pro se and in forma pauperis,

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filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 14, 2010. On December 9, 2011,

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Plaintiff filed what is entitled a motion for summary judgment. The motion neither complies with

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Federal Rule of Civil Procedure 56 nor Local Rule 260, and it appears instead to be responsive to

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Defendants’ answer. However, neither the Federal Rules of Civil Procedure nor the Local Rules

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provides for a reply to an answer, absent an order from the Court requiring one, and here, the Court

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did not order one. Fed. R. Civ. P. 7(a)(7).

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Accordingly, Plaintiff’s motion is HEREBY ORDERED STRICKEN from the record (1) as

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procedurally deficient to the extent it is a motion for summary judgment, and (2) as filed without

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leave of court to the extent it is a reply to the answer.

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IT IS SO ORDERED.

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Dated:
ie14hj

December 12, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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