Pentinmaki, Oliver v. Morgan, Deidre et al

Filing 33

Order that 32 Response to Answer filed by Oliver A. Pentinmaki, Jr. will be placed in the file but not considered. Signed by Magistrate Judge Stephen L. Crocker on 8/27/10. (elc),(ps)

P e n t i n m a k i , Oliver v. Morgan, Deidre et al

D o c . 33

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ O L IV E R A. PENTINMAKI, JR., ORDER Plaintiff, v. L T . ALBERTS and OFFICER PAYNE, D efend an ts. 1 0 -c v -1 9 4 -slc

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P l a in t if f was granted leave to proceed in this action on June 25, 2010. On August 4, 2010, d e f e n d a n t s answered plaintiff's complaint, raising various affirmative defenses. Now plaintiff has filed a letter dated August 21, 2010, in which he replies to several factual statements made in the answer a n d argues that certain of defendants' affirmative defenses are not valid. P l a in t if f does not need to be concerned: although defendants have raised certain affirmative d e f e n s e s in their answer, defendants have not actually filed a motion to dismiss. Therefore, plaintiff d o e s not need to reply to the answer. If defendants later file an actual motion to dismiss, then plaintiff w ill be allowed to respond to that motion. In the meantime, Rules 7(a) and 8(b)(6) of the Federal R u le s of Civil Procedure work together to protect plaintiff from defendants' claims in the answer. B e c a u s e of those rules, this court does not need plaintiff to reply to the answer; instead, the court a u t o m a t ic a l ly assumes that plaintiff has denied the factual statements and affirmative defenses raised in that answer.

ORDER
I T IS ORDERED that plaintiff's reply to the answer, dkt 32, will be placed in the court's

file but will not be considered.
E n t e r e d this 27 th day of August, 2010. B Y THE COURT: /s / S T E P H E N L. CROCKER M a g is tr a t e Judge

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