Valencia v. Gibson et al

Filing 45

ORDER Striking Plaintiff's 44 Response to Defendants' Answer signed by Magistrate Judge Stanley A. Boone on 10/14/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ABEL VALENCIA,

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Plaintiff,
v.
CONNIE GIPSON, et al.,

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Defendants.

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Case No.: 1:12-cv-01446-AWI-SAB (PC)
ORDER STRIKING PLAINTIFF’S
RESPONSE TO DEFENDANTS’ ANSWER
TO COMPLAINT
[ECF No. 44]

Plaintiff Abel Valencia is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
This action is proceeding against Defendant D.J. Ruiz for retaliation, and against Defendants

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D.J. Ruiz, A. Mayo, J.C. Garcia, J.C. Smith, S. Johnson, and an unknown IGI officer for a due process

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violation.

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On September 10, 2014, Defendants filed an answer to the complaint. On August 6, 2014,
Plaintiff filed a response to Defendants’ answer.

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Rule 7 of the Federal Rules of Civil Procedure provides as follows:

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There shall be a complaint and an answer; a reply to a counterclaim denominated as
such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party
complaint, if a person who was not an original party is summoned under the provisions
of Rule 14; and a third-party answer, if a third-party complaint is served. No other
pleading shall be allowed, except that the court may order a reply to an answer or a
third-party answer.

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Fed. R. Civ. P. 7(a). Because the Court did not order Plaintiff to reply to answer, Plaintiff’s response

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is HEREBY STRICKEN from the record.

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IT IS SO ORDERED.

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Dated:

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October 14, 2014
UNITED STATES MAGISTRATE JUDGE

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