Collins v. Hendrix et al

Filing 37

ORDER that 32 Motion to Strike is GRANTED. The Clerk shall STRIKE Plaintiff's reply to the second amended complaint (ECF No. 31 . Signed by Magistrate Judge Carl W. Hoffman on 3/21/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LEROY COLLINS,

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Plaintiff,
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v.
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PATRICK HENDRIX, et al,
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Defendants.
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_______________________________________ )

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Case No. 2:15-cv-01696-JCM-CWH

ORDER

Presently before the Court is Defendants’ motion to strike (ECF No. 32), filed on March 6,

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2017. Pro se Plaintiff Leroy Collins filed a response (ECF No. 34) on March 17, 2017. Defendants

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have not filed a reply.

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Defendants move the Court to strike Plaintiff’s reply to the second amended complaint (ECF

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No. 31), arguing that the Federal Rules of Civil Procedure do not allow for a reply to a complaint

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except when ordered by the Court. No such order has been made in this case. Plaintiff concedes

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these facts, but argues that the Court may use its discretion and allow for the reply. Construing

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Plaintiff’s filings liberally, the Court will treat Plaintiff’s response to the instant motion as a request

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for leave to file a reply to the second amended complaint.

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Upon review, Plaintiff has not provided the Court with good cause to allow for a reply to the

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second amended complaint. Plaintiff does not provide any particular reason that the reply is

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necessary, and it merely reiterates the arguments already made in the second amended complaint.

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The Court is aware of these arguments and will give them their due consideration. Plaintiff will have

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further opportunity to develop these arguments during the dispositive motion phase of litigation.

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Therefore, there is no need for the Court to entertain a reply to the second amended complaint.

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IT IS THEREFORE ORDERED that Defendant’s motion to strike (ECF No. 32) is

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GRANTED. The Clerk shall STRIKE Plaintiff’s reply to the second amended complaint (ECF No.

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31).

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DATED: March 21, 2017.

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_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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