Ivory v. Unknown

Filing 38

ORDER signed by Magistrate Judge Allison Claire on 07/01/14 granting 37 Motion to Strike plaintiff's reply to the answer. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NORMAN IVORY,

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No. 2:12-cv-2902 WBS AC P

Plaintiff,
v.

ORDER

R. MIRANDA, et al.,
Defendants.

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Defendant Miranda filed an answer to plaintiff’s Eighth Amendment claim, the remaining

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claim of the first amended complaint. See ECF Nos. 33, 34. Thereafter, plaintiff filed what he

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termed a “response” to the answer. ECF No. 36. Defendant Miranda has moved to strike that

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response. ECF No. 37.

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Rule 7(a)((7) permits a reply to an answer “if the court orders one …” This court has not

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ordered a reply to the answer and does not find one to be necessary or appropriate in this instance.

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Accordingly IT IS HEREBY ORDERED that defendant’s motion to strike plaintiff’s reply

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to the answer (ECF No. 37) is granted.

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DATED: July 1, 2014

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