Opinion
No. 2:09-cv-1830 KJM KJN P
01-11-2012
WILLIAM THOMAS COATS, Plaintiff, v. T. KIMURA, et al., Defendants.
ORDER
Plaintiff is a state prisoner proceeding without counsel in this civil rights action for relief pursuant to 42 U.S.C. § 1983. On January 5, 2012, plaintiff filed a reply to defendant Chambers' answer. (Dkt. No. 85.) Rule 7 of the Federal Rules of Civil Procedure provides as follows:
Plaintiff asks for a jury trial. Plaintiff sought a jury trial in his original complaint; thus, no further request for jury trial is required. Also, plaintiff refers to defendant Chambers' filing as a "motion." Plaintiff is advised that defendant Chambers filed an answer, which is a responsive pleading, not a motion.
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 January 5, 2012 reply (dkt. no. 85) is disregarded.
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE