Kinnamon v. Latia et al

Filing 40

ORDER STRIKING Plaintiff's Response to Defendants' Answer, signed by Magistrate Judge Dennis L. Beck on 05/8/2014. (Martin-Gill, S)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 TODD KINNAMON, Plaintiff, 10 11 vs. 12 C. LATIA, et al., 13 Defendants. ) ) ) ) ) ) ) ) ) ) 1:12cv01325 AWI DLB PC ORDER STRIKING PLAINTIFF’S RESPONSE TO DEFENDANTS’ ANSWER (Document 39) 14 15 16 17 Plaintiff Todd Kinnamon, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action on August 15, 2012. Defendants filed their answer on April 7, 2014. On April 28, 2014, Plaintiff filed his “answer” to Defendants’ answer. Neither the 18 Federal Rules of Civil Procedure nor the Local Rules provides for a response to an answer, 19 absent an order from the Court requiring one. Fed. R. Civ. P. 7(a)(7). In this case, the Court did 20 21 22 not order a response to the answer. Accordingly, Plaintiff’s response to Defendants’ answer, filed April 28, 2014, is HEREBY ORDERED STRICKEN from the record. 23 24 IT IS SO ORDERED. 25 26 Dated: /s/ Dennis May 8, 2014 L. Beck UNITED STATES MAGISTRATE JUDGE 27 28 1

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