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Wilson v. Tilton

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 17, 2010

DAVID W. WILSON, PLAINTIFF,
v.
JAMES TILTON, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se in this civil rights action for relief pursuant to 42 U.S.C. § 1983.

Plaintiff has filed a response to defendants' answer to the fourth amended 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 third-party 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.

Accordingly, IT IS HEREBY ORDERED that plaintiff's October 7, 2010 response to defendants' answer shall be disregarded.

20101017

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