Cortinas v. Gipson et al

Filing 27

ORDER STRIKING Plaintiff's 26 Reply to Answer, signed by Magistrate Judge Stanley A. Boone on 8/7/14. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY WILLIAM CORTINAS,

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Plaintiff,
v.
CONNIE GIPSON, et al.,

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Defendants.

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Case No.: 1:13-cv-01229-AWI-SAB (PC)
ORDER STRIKING PLAINTIFF’S REPLY
TO ANSWER
[ECF No. 26]

Plaintiff Larry William Cortinas is appearing pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the

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jurisdiction of the United States Magistrate Judge on August 19, 2013. Local Rule 302.

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This action is proceeding against Defendant Portillo for excessive force in violation of the

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Eighth Amendment, and against Defendants Chief Deputy Warden S. Johnson, LaFleur, Moreno,

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Kerber, and A. Johnson for failure to protect and intervene in violation of the Eighth Amendment.

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On May 21, 2014, Defendants S. Johnson, A. Johnson, Moreno, and Portillo filed an answer to
the complaint.

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On August 6, 2014, Plaintiff filed a reply to Defendant’s 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

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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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August 7, 2014
UNITED STATES MAGISTRATE JUDGE

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