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Floyd Scott v. J. Palmer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 7, 2011

FLOYD SCOTT,
PLAINTIFF,
v.
J. PALMER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER STRIKING REPLY TO ANSWER (Doc. 36)

Plaintiff Floyd Scott, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 29, 2009. This action is proceeding against Defendants Palmer, Rivera, and Lopez for excessive force, in violation of the Eighth Amendment. On July 5, 2011, Plaintiff filed a reply to Defendants' answer.

Neither the Federal Rules of Civil Procedure nor the Local Rules provides for a reply to an answer, absent an order from the Court requiring one. Fed. R. Civ. P. 7(a)(7). In this case, the Court did not order a reply to the answer. Accordingly, Plaintiff's reply to Defendants' answer, filed July 5, 2011, is HEREBY ORDERED STRICKEN from the record.

IT IS SO ORDERED.

20110707

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