Adrian A. Woodard v. Wang

Filing 18

ORDER STRIKING Plaintiff's 17 Reply to Answer to Complaint filed by Adrian Alexander Woodard, signed by Magistrate Judge Stanley A. Boone on 08/31/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADRIAN ALEXANDER WOODARD,

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Plaintiff,

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v.
DR. WANG,

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Defendant.

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Case No.: 1:16-cv-01089-SAB (PC)
ORDER STRIKING PLAINTIFF’S REPLY TO
ANSWER TO COMPLAINT
[ECF No. 17]

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Plaintiff Adrian Alexander Woodard is a state prisoner appearing pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. The parties have consented to the jurisdiction of the United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(c). (ECF Nos. 6, 12.)

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On August 29, 2017, Plaintiff filed an unsigned reply to Defendant’s answer to the complaint.
(ECF No. 17.)

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Both the Federal Rules of Civil Procedure and this Court’s Local Rules require that all filed

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pleadings, motions and papers be signed by at least one attorney of record or by the party personally if

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the party is unrepresented. Fed. R. Civ. P. 11(a); Local Rule 131(b). As noted above, Plaintiff’s reply

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to Defendant’s answer lacks any signature. (ECF No. 17, at p. 8.) Therefore, it must be stricken.

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Furthermore, the Court has not ordered any reply to Defendant’s answer in this case. Federal

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Rule of Civil Procedure 7 lists all pleadings that are permitted, including “if the court orders one, a

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reply to an answer.” Fed. R. Civ. P. 7(a)(7) (emphasis added). No request to file a reply to the answer
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was sought or granted in this case, and therefore Plaintiff’s reply must be stricken for this reason as

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well.1
Accordingly, Plaintiff’s unsigned reply to Defendants answer to the complaint, filed on August

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29, 2017 (ECF No. 17) is HEREBY STRICKEN from the record.

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IT IS SO ORDERED.

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Dated:

August 31, 2017
UNITED STATES MAGISTRATE JUDGE

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A plaintiff rarely needs to file any reply to an answer, “because the allegations in pleadings not requiring a
response—e.g., the answer—are already automatically deemed denied or avoided under Rule 8(b)(6).” Fort
Indep. Indian Cmty. v. California, No. CIV.S-08-432-LKK-KJM, 2008 WL 6579737, at *1 (E.D. Cal. June 24,
2008).
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