Stoops v. Sherman, et al.

Filing 27

ORDER STRIKING Plaintiff's Reply to Defendant's Answer, signed by Magistrate Judge Stanley A. Boone on 8/11/07. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RANDY STOOPS,

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Plaintiff,

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v.
STUART SHERMAN, et al.,

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Defendants.

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Case No.: 1:16-cv-01026-AWI-SAB (PC)
ORDER STRIKING PLAINTIFF’S REPLY TO
DEFENDANT’S ANSWER
[ECF No. 25]

Plaintiff Randy Stoops is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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This action shall proceed on Plaintiff’s ADA claim against Defendant Stuart Sherman.

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On July 17, 2017, Defendant filed an answer to Plaintiff’s complaint. (ECF No. 23.) On July

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26, 2017, Plaintiff filed a response to Defendant’s answer. (ECF No. 25.)

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Rule 7 of the Federal Rules of Civil Procedure provides as follows:

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There shall be a complaint and an answer; a reply to a counterclaim denominated as
such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party
complaint, if a person who was not an original party is summoned under the provisions
of Rule 14; and a third-party answer, if a third-party complaint is served. No other
pleading shall be allowed, except that the court may order a reply to an answer or a
third-party answer.

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Fed. R. Civ. P. 7(a). Because the Court did not order Plaintiff to reply to Defendants’ answer,

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Plaintiff’s response is HEREBY STRICKEN from the record.

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IT IS SO ORDERED.

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Dated:

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August 11, 2017
UNITED STATES MAGISTRATE JUDGE

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