(PC) Bryan D. Patterson v. Howard et al

Filing 28

ORDER STRIKING Plaintiff's 27 Reply to Defendant's Answer, signed by Magistrate Judge Stanley A. Boone on 2/16/2021.(Marrujo, C)

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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 BRYAN D. PATTERSON, 7 Plaintiff, 8 9 v. MAURICE HOWARD, et al., 10 Defendants. 11 ) ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-00751-DAD-SAB (PC) ORDER STRIKING PLAINTIFF’S REPLY TO DEFENDANT’S ANSWER (ECF No. 27) 12 Plaintiff Bryan D. Patterson is proceeding pro se and in forma pauperis in this civil rights 13 14 action pursuant to 42 U.S.C. § 1983. 15 On January 8, 2021, Defendant Maurice Howard filed an answer to the complaint. (ECF No. 16 22.) Pursuant to Rule 7(a), of the Federal Rules of Civil Procedure, a reply may be filed to answer, if 17 so ordered to by the court. Fed. R. Civ. P. 7(a)(7). If an unauthorized reply is filed, it should be 18 stricken and deemed a nullity. Here, the Court did not order that a reply to Defendant’s answer be 19 filed. Thus, the unauthorized reply shall be stricken as a nullity. In addition, although Defendant 20 Howard initially failed to file a timely responsive pleadings, the Court found good cause to extend the 21 time to do so nunc pro tunc, and entry of default is not warranted. (ECF No. 22.) Accordingly, it is 22 HEREBY ORDERED that Plaintiff’s reply to Defendant’s answer is stricken from the record. 23 24 IT IS SO ORDERED. 25 Dated: 26 February 16, 2021 UNITED STATES MAGISTRATE JUDGE 27 28 1

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