Bradford v. Marchak

Filing 300

ORDER Overruling Plaintiff's Objection to Court's April 2, 2018 Order Denying Motions to Strike 296 , signed by Magistrate Judge Barbara A. McAuliffe on 4/23/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAYMOND ALFORD BRADFORD,

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Plaintiff,

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v.
M. MARCHAK, et al.,
Defendants.

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Case No.: 1:14-cv-01689-LJO-BAM (PC)
ORDER OVERRULING PLAINTIFF’S
OBJECTION TO COURT’S APRIL 2, 2018
ORDER DENYING MOTIONS TO STRIKE
[Doc No. 296]

Plaintiff Raymond Alford Bradford is a state prisoner proceeding pro se and in forma pauperis
in this civil rights action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s objection to the Court’s April 2, 2018 order denying

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his motions to strike. (ECF No. 296.) Plaintiff asserts that he properly objected to Defendant Grewal’s

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filings made before that Defendant answered Plaintiff’s complaint, and objects to the denial of his

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motions to strike Defendant Grewal’s filings.

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As discussed in this Court’s March 29, 2018 order, before Defendant Grewal’s answer was

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due, Plaintiff sought leave to amend his pleading. Defendant Grewal then sought an extension of time

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to answer until the Court determined whether Plaintiff would be granted leave to amend, to conserve

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resources. The Court found this to be good cause and granted Defendant Grewal’s request. (ECF No.

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256.) That Defendant Grewal continued to otherwise respond to Plaintiff’s motions and defend the

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action while the Court determined whether Plaintiff would be granted leave to amend, was not
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improper. Plaintiff did not present sufficient grounds to strike Defendant Grewal’s filings, and the

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Court finds no error in its prior determination to deny Plaintiff’s motions to strike.

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For these reasons, Plaintiff’s objection (ECF No. 296) is HEREBY OVERRULED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 23, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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