(PC) Hunt v. Diaz et al

Filing 36

ORDER STRIKING 35 Plaintiff's Reply to Defendants' Answer signed by Magistrate Judge Stanley A. Boone on 3/26/2020. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK HUNT,

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Plaintiff,

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v.

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D. DIAZ, et al.,

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Defendants.

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ORDER STRIKING PLAINTIFF’S REPLY TO
DEFENDANTS’ ANSWER
[ECF No. 35]

pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s reply to Defendants’ answer, filed on March 24, 2020,
but docketed on March 25, 2020. (ECF No. 35.)
On March 23, 2012, Plaintiff filed a motion for an extension of time to file a reply to Defendants’

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Case No.: 1:19-cv-00504-DAD-SAB (PC)

Plaintiff Mark Hunt is appearing pro se and in forma pauperis in this civil rights action

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answer. (ECF No. 33.)

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On March 24, 2012, the undersigned signed an order denying Plaintiff’s motion for an extension

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of time to file a reply because it was not previously ordered or granted in this case; however, the order

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was not docketed until March 25, 2012-after Plaintiff’s reply was docketed in this case. (ECF No. 34.)

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As stated in the Court’s March 25, 2012 order, the Court has not ordered any reply to Defendants’
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answer in this case. Federal Rule of Civil Procedure 7 lists all pleadings that are permitted, including

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“if the court orders one, a reply to an answer.” Fed. R. Civ. P. 7(a)(7) (emphasis added). No request to

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file a reply to the answer was granted in this case, and therefore Plaintiff’s reply to the answer is

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STRICKEN from the record. See Fort Indep. Indian Cmty. v. California, No. CIV.S-08-432-LKK-KJM,

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2008 WL 6579737, at *1 (E.D. Cal. June 24, 2008) (A plaintiff rarely needs to file any reply to an

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answer, “because the allegations in pleadings not requiring a response—e.g., the answer—are already

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automatically deemed denied or avoided under Rule 8(b)(6).”).

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IT IS SO ORDERED.
Dated:

March 26, 2020
UNITED STATES MAGISTRATE JUDGE

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