Jimenez v. Horel

Filing 59

ORDER signed by Magistrate Judge Kendall J. Newman on 05/30/12 ordering that plaintiff's 04/27/12 response 57 is disregarded. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT C. JIMENEZ,

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Plaintiff,

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vs.

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No. 2:10-cv-2943 KJM KJN P

J. WHITFIELD,

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Defendant.
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ORDER

Plaintiff is a state prisoner proceeding without counsel in this civil rights action
for relief pursuant to 42 U.S.C. § 1983.
On April 13, 2012, defendant Whitfield filed an answer. On April 27, 2012,

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plaintiff filed a response to the answer. However, Rule 7 of the Federal Rules of Civil Procedure

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provides as follows:

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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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Fed. R. Civ. P. 7(a) (emphasis added). The court has not ordered plaintiff to reply to defendant’s

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answer and declines to make such an order.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s April 27, 2012 response

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(dkt. no. 57) is disregarded.

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DATED: May 30, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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jime2943.77e

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