Cranford v. Badagon

Filing 17

ORDER Striking Plaintiff's 16 Response to Answer to Complaint and Discovery Requests signed by Magistrate Judge Barbara A. McAuliffe on 08/14/2012. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ARCHIE CRANFORD,

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Plaintiff,

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CASE NO. 1:11-cv-00736-BAM PC
ORDER STRIKING PLAINTIFF’S RESPONSE
TO ANSWER TO COMPLAINT AND
DISCOVERY REQUESTS

v.
ANGELA BADAGON,

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(ECF No. 16)

Defendant.
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Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee 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

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Plaintiff’s complaint, filed May 9, 2011, against Defendant Badagon for excessive force in violation

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of the Fourteenth Amendment. Defendant Badagon filed an answer to the complaint on July 24,

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2012. On August 10, 2012, Plaintiff filed a response to the answer to the complaint and discovery

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requests. (ECF No. 16.)

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The Federal Rules of Civil Procedure provide, in relevant part, that there shall be a

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

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Court has not ordered a reply to the answer and declines to make such an order. Therefore Plaintiff’s

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response to the answer shall be stricken from the record.

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Additionally, the court cannot serve as a repository for the parties’ evidence and Plaintiff is

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advised that discovery requests are not to be filed with the Court.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s response to Defendant’s answer, filed
August 10, 2012, is STRICKEN from the record.

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IT IS SO ORDERED.
Dated:
cm411

August 14, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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