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Cooper v. Evans

May 13, 2010

MICHAEL COOPER, #R06824, PLAINTIFF,
v.
JOHN EVANS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Clifford J. Proud U. S. Magistrate Judge

ORDER

Before the Court is plaintiff Cooper's motion to strike the defendants' answers and affirmative defenses. (Doc. 45.) Plaintiff argues that he has not done enough discovery to enable him to "answer" the defendants' "denials."

Plaintiff appears to mistakenly believe that he is required to "answer" the defendants' answers. No such pleading is necessary, although as the case proceeds, plaintiff may need to respond to the defendants' affirmative defenses. See Fed.R.Civ.P. 8 and 10. Moreover, in accordance with Federal Rule of Civil Procedure 12(f), a pleading may only be stricken insufficient defenses or redundant, immaterial, impertinent, or scandalous matters.

IT IS THEREFORE ORDERED that plaintiff's motion to strike the defendants' answers (Doc. 45) is DENIED.

IT IS SO ORDERED.

20100513

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