Coats v. Kimura et al

Filing 86

ORDER signed by Magistrate Judge Kendall J. Newman on 1/11/2012 DISREGARDING plaintiff's 85 reply. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM THOMAS COATS,
Plaintiff,

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No. 2:09-cv-1830 KJM KJN P

vs.
T. KIMURA, et al.,
Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel in this civil rights action

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for relief pursuant to 42 U.S.C. § 1983. On January 5, 2012, plaintiff filed a reply to defendant

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Chambers’ answer.1 (Dkt. No. 85.) Rule 7 of the Federal Rules of Civil Procedure provides as

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follows:
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 thirdparty answer.

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Plaintiff asks for a jury trial. Plaintiff sought a jury trial in his original complaint; thus,
no further request for jury trial is required. Also, plaintiff refers to defendant Chambers’ filing as
a “motion.” Plaintiff is advised that defendant Chambers filed an answer, which is a responsive
pleading, not a motion.
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Fed. R. Civ. P. 7(a) (emphasis added). The court has not ordered plaintiff to reply to defendants’

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answer and declines to make such an order.
Accordingly, IT IS HEREBY ORDERED that plaintiff's January 5, 2012 reply

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(dkt. no. 85) is disregarded.

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DATED: January 11, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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/coat1830.77e

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