King v. Holland et al

Filing 32

ORDER STRIKING Plaintiff's Response to Defendant's Answer 31 , signed by Magistrate Judge Barbara A. McAuliffe on 4/6/17. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RASHAD KING,

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Plaintiff,

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v.
S. HOLLAND, et al.,

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Defendants.

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1:15-cv-01885-BAM (PC)
ORDER STRIKING PLAINTIFF’S
RESPONSE TO DEFENDANT’S ANSWER
(ECF No. 31)

Plaintiff Rashad King (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against

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Defendants Holland, Duncan, and Solis for excessive force in violation of the Eighth

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Amendment, against Defendant Tingley for failure to intervene, and against Defendant Holland

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for sexual assault in violation of the Eighth Amendment.
On March 10, 2017, Defendants Duncan, Holland, and Tingley answered Plaintiff’s

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complaint.1 On April 3, 2017, Plaintiff filed a response to Defendants Duncan, Holland, and

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Tingley’s answer. (ECF No. 31.)

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In relevant part, the Federal Rules of Civil Procedure provide that there shall be a

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complaint, an answer to a complaint, and, if the court orders one, a reply to an answer. Fed. R.

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Civ. P. 7(a). The Court has not ordered a reply to Defendants’ answer and declines to make such

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an order.

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Defendant Solis has not yet been served with the summons and complaint in this matter. Service by the
United States Marshal is pending. (ECF No. 25.)

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Accordingly, Plaintiff’s response to the answer, filed on April 3, 2017 (ECF No. 31), is
HEREBY STRICKEN from the record.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 6, 2017

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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