Jackson v. Yates et al

Filing 48

ORDER STRIKING 47 Plaintiff's Response to Answer signed by Magistrate Judge Barbara A. McAuliffe on 12/19/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CURTIS RENEE JACKSON,

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CASE NO. 1:11-cv-00080-LJO-BAM PC

Plaintiff,

ORDER STRIKING PLAINTIFF’S RESPONSE
TO ANSWER

v.
(ECF No. 47)

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Y. A. YATES, et al.,

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Defendants.
/

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Plaintiff Curtis Renee Jackson (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the

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second amended complaint, filed on May 7, 2012, against Defendant Mendez for excessive force in

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violation of the Eighth Amendment and against Defendants Daley, Samonte, Nichols, Valdez and

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Gonzales for failure to intervene in violation of the Eighth Amendment. On November 16, 2012,

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Defendants Gonzales, Mendez and Nichols filed an answer to the complaint. Plaintiff filed a

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“response” to Defendants’ answer on December 18, 2012.

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

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an answer to a complaint, and, if the Court orders one, a reply to an answer. Fed. R. Civ. P. 7(a).

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The Court has not ordered a reply to Defendants’ answer and declines to make such an order.

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Accordingly, Plaintiff’s purported response to the answer is HEREBY STRICKEN from the record.

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IT IS SO ORDERED.
Dated:
10c20k

December 19, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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