Sims v. Cabrera et al

Filing 40

ORDER STRIKING 25 Reply to Answer signed by Magistrate Judge Sheila K. Oberto on 12/8/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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QUINCY SIMS,
Plaintiff,

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v.

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ORDER STRIKING REPLY TO ANSWER

M. CABRERA,

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Case No. 1:12-cv-01904-LJO-SKO (PC)

(Doc. 25)

Defendant.
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Plaintiff Quincy Sims (“Plaintiff”), a state prisoner proceeding pro se and in forma

17 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on November 21, 2012. This
18 action for damages is proceeding against Defendant M. Cabrera (“Defendant”) for failing to
19 protect Plaintiff from the threat of harm by gang members or affiliates while he was at Kern
20 Valley State Prison, in violation of the Eighth Amendment of the United States Constitution.
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On May 1, 2014, Defendant filed an answer to Plaintiff’s amended complaint. (Doc. 16.)

22 On May 19, 2014, Plaintiff filed a reply entitled “Motion in Agreement to Defendant Martin
23 Cabrera[’s] Demand for a Jury Trial.” (Doc. 25.) In addition to agreeing with the demand for trial
24 by jury, Plaintiff addressed Defendant’s answer substantively. However, neither the Federal Rules
25 of Civil Procedure nor the Local Rules provide for a reply to an answer, absent an order from the
26 Court requiring one, and in this case, the Court did not order a reply. Fed. R. Civ. P. 7(a)(7).
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Accordingly, Plaintiff=s reply to Defendant’s answer is HEREBY ORDERED STRICKEN

2 from the record.
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IT IS SO ORDERED.
Dated:

December 8, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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