Jones v. Barron et al

Filing 17

ORDER signed by Magistrate Judge John F. Moulds on 10/19/10 ORDERING that plaintiffs 9/29/10 response to the answer filed in this action is disregarded. (Dillon, M)

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(PC) Jones v. Barron et al Doc. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. K. BARRON, Defendants. / Plaintiff is a state prisoner proceeding pro se in this civil rights action for relief pursuant to 42 U.S.C. § 1983. On September 29, 2010, plaintiff filed a documents styled as a response to defendants' answer to the complaint. Rule 7 of the Federal Rules of Civil Procedure provides as 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. Fed. R. Civ. P. 7(a) (emphasis added). The court has not ordered plaintiff to reply to defendants' answer and declines to make such an order. ///// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MARCELL JONES, Plaintiff, No. 2:10-cv-0396 JAM JFM (PC) ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 12 j on e 0 3 9 6 .7 7 e Accordingly, IT IS HEREBY ORDERED that plaintiff's September 29, 2010 response to the answer filed in this action is disregarded. DATED: October 19, 2010. 2

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