Bettencourt v. Parks et al

Filing 59

ORDER STRIKING Plaintiff's 58 Response to Defendants' Answer signed by Magistrate Judge Barbara A. McAuliffe on 10/2/2020. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

GARY RAY BETTENCOURT,

12

Plaintiff,

13

ORDER STRIKING PLAINTIFF’S
RESPONSE TO DEFENDANTS’ ANSWER

v.

14

Case No. 1:16-cv-00150-DAD-BAM (PC)

PARKER, et al.,

(ECF No. 58)

15

Defendants.

16
Plaintiff Gary Ray Bettencourt (“Plaintiff”) is a state prisoner proceeding pro se and in

17
18

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

19

Plaintiff’s claims of deliberate indifference in violation of the Eighth Amendment against

20

Defendant Crooks for pulling two teeth that did not need to be pulled, and against Defendants

21

Parker and Guzman for filing down six healthy teeth with a dental tool used for drilling cavities.
On September 8, 2020, Defendants answered Plaintiff’s complaint. (ECF No. 55.) On

22
23

October 2, 2020, Plaintiff filed a response to Defendants’ answer. (ECF No. 58.)

24

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

25

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

26

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

27

an order.

28

///
1

1
2

Accordingly, Plaintiff’s response to Defendants’ answer, filed on October 2, 2020, (ECF
No. 58), is HEREBY STRICKEN from the record.

3
4
5
6

IT IS SO ORDERED.
Dated:

/s/ Barbara

October 2, 2020

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2