Torres v. Gutierrez et al

Filing 33

ORDER STRIKING Plaintiff's 30 Opposition to Answer and Motion for Summary Judgment signed by Magistrate Judge Dennis L. Beck on 2/24/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUSTAVO TORRES,

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Plaintiff,
v.
ARRELLANO, et al.,

Case No. 1:15-cv-00575 DLB PC
ORDER STRIKING PLAINTIFF’S
OPPOSITION TO ANSWER AND
MOTION FOR SUMMARY JUDGMENT
(Document 30)

Defendants.

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Plaintiff Gustavo Torres (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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Defendants filed their answer on January 12, 2016, and the action is now in discovery.

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On February 10, 2016, Plaintiff filed a document entitled, “Opposition to Defendants’

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Answer to Complaint: Memorandum of Points and Authorities in support of Plaintiff’s Opposition,

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And Discovery, And Motion for Summary Judgment.” ECF No. 30, at 1.

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Rule 7(a) of the Federal Rules of Civil Procedure does not permit a reply to an answer unless
ordered by the Court.
Insofar as Plaintiff intends to oppose an exhaustion challenge, Defendants have not filed a

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motion for summary judgment based on exhaustion as of the date of service of this order. Moreover,

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a challenge to exhaustion is an affirmative defense, and Plaintiff need not raise the issue unless and

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until Defendants file a motion.
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Accordingly, Plaintiff’s filing is STRICKEN from the record.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

February 24, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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