Carlos Villegas v. Cate et al

Filing 46

ORDER STRIKING Reply to Answer 45 , signed by Magistrate Judge Sheila K. Oberto on 3/24/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS VILLEGAS,

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Plaintiff,

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v.

Case No. 1:10-cv-01917-AWI-SKO (PC)
ORDER STRIKING REPLY TO ANSWER
(Doc. 45)

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MATHEW CATE, et al.,

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Defendants.
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Plaintiff Carlos Villegas, a state prisoner proceeding pro se and in forma pauperis, filed

17 this civil rights action pursuant to 42 U.S.C. § 1983 on October 14, 2010.

This action is

18 proceeding on Plaintiff’s amended complaint against Defendant Neubarth for acting with
19 deliberate indifference to Plaintiff’s serious medical needs, in violation of the Eighth Amendment
20 of the United States Constitution.
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On March 19, 2014, Plaintiff filed a reply to Defendant’s answer. Neither the Federal

22 Rules of Civil Procedure nor the Local Rules provides for a reply to an answer, absent an order
23 from the Court requiring one. Fed. R. Civ. P. 7(a)(7). In this case, the Court did not order a reply
24 to the answer, and Plaintiff=s reply is HEREBY STRICKEN from the record.
IT IS SO ORDERED.
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Dated:

March 24, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE