Lewis v. Alison et al

Filing 88

ORDER STRIKING Plaintiff's 86 Reply to Defendant Allison's Answer, signed by Magistrate Judge Barbara A. McAuliffe on 12/15/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HOMER TYRONE LEWIS,

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Plaintiff,

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v.
KATHLEEN ALISON, et al.,

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Defendants.

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1:12-cv-00856-LJO-BAM (PC)
ORDER STRIKING PLAINTIFF’S REPLY
TO DEFENDANT ALLISON’S ANSWER
(ECF No. 86)

Plaintiff Homer Tyrone Lewis (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action currently
proceeds on Plaintiff’s third amended complaint against Defendants Allison, Adams, Junious,
and Denny.1
On November 26, 2014, Defendant Allison filed an answer to Plaintiff’s third amended
complaint. (ECF No. 83.) On December 12, 2014, Plaintiff filed a reply to Defendant Allison’s
answer. (ECF No. 86.)
In relevant part, the Federal Rules of Civil Procedure provide that there shall be a
complaint, an answer to a complaint, and, if the court orders one, a reply to an answer. Fed. R.
Civ. P. 7(a). The Court has not ordered a reply to Defendant Allison’s answer and declines to
make such an order.
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Defendant Kathleen Allison was sued erroneously as “Kathleen Alison.”

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Accordingly, Plaintiff’s reply to the answer is HEREBY STRICKEN from the record.
IT IS SO ORDERED.
Dated:

/s/ Barbara

December 15, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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