Opinion
No. 17-14095
01-18-2019
WILLIAM CALVIN HUNT, Plaintiff, v. WALMART STORE, INC., ET AL., Defendants.
District Judge Matthew F. Leitman
OPINION AND ORDER
Plaintiff William Calvin Hunt, a prison inmate in the custody of the Michigan Department of Corrections, has filed a pro se civil complaint naming as Defendants Wal-Mart Stores, Inc. and two of its employees (the "Wal-Mart Defendants"), as well as Kenneth Toney, a Van Buren Township police officer. On June 29, 2018, Defendant Toney filed an answer with affirmative defenses [Doc. #12], and on November 29, 2018, the Wal-Mart Defendants filed and answer with affirmative defenses [Doc. #20].
The delay in the Wal-Mart Defendants' answer occurred because they filed a motion for more definite statement [Doc. #9], which the Court denied on October 30, 2018 [Doc. #17].
On December 27, 2018, Plaintiff filed a letter that the Court construes as a motion to file a response to the Defendants' answers [Doc. #23]. On January 3, 2019, Plaintiff filed a response to Defendants' answer [Doc. #25].
Under Fed.R.Civ.P. 7(a)(7), a reply to an answer is to be filed only if the Court so orders. It appears that the Plaintiff is concerned because the affirmative defenses include failure to state a claim on which relief can be granted. That issue, however, will be decided only if Defendants file an appropriate motion, to which the Plaintiff will have the opportunity to respond. Thus, there is no need for Plaintiff to file a response to the Defendants' answer.
Accordingly, Plaintiff's motion [Doc. #23] is DENIED, and Plaintiff's response to the Defendants' answer [Doc. #25] is STRICKEN.
IT IS SO ORDERED.
s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE Dated: January 18, 2019
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record on January 18, 2019, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen