Johnson v. North Kern State Prison et al

Filing 34

ORDER striking 33 Response to Defendant's Answer signed by Magistrate Judge Barbara A. McAuliffe on 4/18/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CEDRIC CHESTER JOHNSON,

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Plaintiff,

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v.
NORTH KERN STATE PRISON, et al.,

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Defendants.

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1:16-cv-01371-DAD-BAM (PC)
ORDER STRIKING PLAINTIFF’S
RESPONSE TO DEFENDANT’S ANSWER
(ECF No. 33)

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Plaintiff Cedric Chester Johnson (“Plaintiff”) is a state prisoner proceeding pro se and in

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

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Plaintiff’s claim for deliberate indifference in violation of the Eighth Amendment.
On March 22, 2017, Defendant Speakman answered Plaintiff’s complaint.1 (ECF No.

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27.) On April 13, 2017, Plaintiff filed a response to Defendant Speakman’s answer. (ECF No.

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33.)

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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 Defendant’s answer and declines to make such

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an order.

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Defendants Rocha, Jones and Kennenten have not yet been served with the summons and
complaint in this matter. Service by the United States Marshal is pending. (ECF No. 30.)

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Accordingly, Plaintiff’s response to the answer, filed on April 13, 2017 (ECF No. 33), is
HEREBY STRICKEN from the record.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 18, 2017

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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