Crowder v. Castillo et al

Filing 29

ORDER STRIKING 27 Plaintiff's Answer signed by Magistrate Judge Michael J. Seng on 7/5/2017. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 TRISTAIN CROWDER, CASE NO. 1:16-cv-00851-DAD-MJS (PC) 11 Plaintiff, 12 v. 13 14 ORDER REGARDING PLAINTIFF’S ANSWER (ECF NO. 27) A. CASTILLO, et al. 15 Defendants. 16 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 19 rights action brought pursuant to 42 U.S.C. § 1983. The matter proceeds on Plaintiff’s 20 Eighth Amendment claims against Defendants Castillo, Gonzalez, Ibarra, and Diaz. (ECF 21 No. 15.) All Defendants filed an answer to Plaintiff’s complaint on April 3, 2017. (ECF No. 22 23.) 23 On May 31, 2017, Plaintiff submitted a filing titled “Answer by Plaintiff Crowder to 24 Defendants [sic] FAC and Demand for Jury Trial.” (ECF No. 27.) It appears Plaintiff 25 intends this filing to be a response to Defendants’ answer to her first amended complaint. 26 The filing does not contain any factual assertions or allegations not already included in 27 Plaintiff’s complaint. 28 The Court is unable to determine the nature or purpose of this filing. Neither the 1 Federal Rules of Civil Procedure nor the local rules of this Court provide for a response to 2 an answer. Moreover, there is no need to file such a response as the answer merely puts 3 in dispute issues to be resolved in the litigation. 4 To the extent Plaintiff intends this document to serve as a supplement to her first 5 amended complaint (ECF No. 12), she is advised that a complaint must be complete in 6 itself without reference to any prior pleading. See E.D. Cal. R. 220; Comm. to Protect our 7 Agric. Water v. Occidental Oil and Gas Corp., No. 1:15-cv-01323-DAD-JLT, 2017 WL 8 272215, at *32 (E.D. Cal. Jan. 20, 2017). Such miscellaneous filings not provided for in 9 court rules will not be considered as supplementary to Plaintiff’s complaint or for any 10 other purpose. 11 Accordingly, the Clerk shall STRIKE “Plaintiff’s “Answer by Plaintiff Crowder to 12 Defendants [sic] FAC and Demand for Jury Trial.” (ECF No. 27.) 13 14 15 16 IT IS SO ORDERED. Dated: July 5, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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