Foster v. Huewe et al

Filing 27

ORDER Striking Plaintiff's Reply to Answer re 26 , signed by Magistrate Judge Stanley A. Boone on 10/12/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DERRYL TYRONE FOSTER,

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Plaintiff,

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v.

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J. HUEWE, et al.,

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Defendants.

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Case No.: 1:16-cv-01839-AWI-SAB (PC)
ORDER STRIKING PLAINTIFF’S REPLY
TO ANSWER
[ECF No. 26]

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Plaintiff Derryl Tyrone Foster is proceeding pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983.
This action proceeds against Defendants Cordova and McIntryre for excessive force and

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against Defendants Huewe and Vargas for failure to protect.
On September 11, 2017, Defendants filed an answer to Plaintiff’s complaint. (ECF No. 20.)

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On October 10, 2017, Plaintiff filed a reply to Defendant’s answer, entitled exhaustion motion. (ECF

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No. 26.)

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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 reply is HEREBY STRICKEN from the record.

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IT IS SO ORDERED.
Dated:

October 12, 2017
UNITED STATES MAGISTRATE JUDGE

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