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Robert C. Jimenez v. J. Whitfield

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


May 30, 2012

ROBERT C. JIMENEZ, PLAINTIFF,
v.
J. WHITFIELD, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding without counsel in this civil rights action for relief pursuant to 42 U.S.C. § 1983.

On April 13, 2012, defendant Whitfield filed an answer. On April 27, 2012, plaintiff filed a response to the answer. However, 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 defendant's answer and declines to make such an order.

Accordingly, IT IS HEREBY ORDERED that plaintiff's April 27, 2012 response (dkt. no. 57) is disregarded.

20120530

© 1992-2012 VersusLaw Inc.



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