Wilson v. Torres

Filing 15

ORDER Striking Plaintiff's Reply to Answer signed by Magistrate Judge Stanley A. Boone on 08/04/2017. (Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

TERRANCE WILSON,

12

Plaintiff,

13
14
15

v.
TORRES,
Defendant.

16
17
18

)
)
)
)
)
)
)
)
)
)

Case No.: 1:17-cv-00375-DAD-SAB (PC)
ORDER STRIKING PLAINTIFF’S REPLY
TO ANSWER

[ECF No. 14]

Plaintiff Terrance Wilson is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

19

This action proceeds on Plaintiff’s claim for deliberate indifference and negligence against

20

Defendant Torres.

21

On July 20, 2017, Defendant filed an answer to Plaintiff’s complaint. (ECF No. 12.) On

22

August 2, 2017, Plaintiff filed a reply to Defendant’s answer. (ECF No. 14.)

23

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

24

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.

25
26
27
28

1

1

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

2

Plaintiff’s reply is HEREBY STRICKEN from the record.

3
4

IT IS SO ORDERED.

5

Dated:

6

August 4, 2017
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2