Free Order on Motion to Strike - District Court of Delaware - Delaware

Case 1:04-cv-01392-JJF Document 30 Filed 06/15/2007 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WALLACE E. HARDIN :
Plaintiff, E
v. E Civil Action No. 04—l392—JJF
GOVERNOR RUTH ANN MINNER, E
ET AL. , :
Defendants. Z
Q.
WHEREAS, Plaintiff, Wallace E. Harden, a prisoner
housed at the Delaware Correctional Center, filed this lawsuit
pursuant to 42 U.S.C. § 1983;
WHEREAS, on January II, 2007, Plaintiff filed a
“Proposed Amended Complaint" (D.I. 25) and a “Reply To The
Defendant's First Amended Answer" (D,I. 26);
WHEREAS, on January 22, 2007, Defendants filed a Motion
To Strike (D.I. 27) the above docket items;
WHEREAS, by Order dated May 3, 2007 (D.I. 28), the
Court struck Plaintiff's “Proposed Amended Complaint" (D.I. 25)
as duplicative;
WHEREAS, the Federal Rules of Civil Procedure do not
allow for Plaintiff's reply to Defendants’ Amended Answer without
a court order (Fed. R. Civ. P. 7(a)) ;
WHEREAS, Plaintiff has not requested an order
authorizing a reply to Defendants' Amended Answer, nor has
Plaintiff suggested that there is good cause for such an order;

Case 1:04-cv-01392-JJF Document 30 Filed 06/15/2007 Page20f2
NOW THEREFORE IT IS HEREBY ORDERED that:
1. Defendants’ Motion To Strike (D.I. 27) is GRANTED to
the extent it seeks to strike Plaintiff's “Reply To The
Defendant’s First Amended Answer" (D.I. 26) and DENIED AS MOOT to
the extent it seeks to strike Flaintiff's “Froposed Amended
Complaint" (D.I. 25).
2. The “Reply To The Defendant's First Amended Answer"
(D.I. 26) is STRICKEN pursuant to the Federal Rules of Civil
Procedure.
June iq), 2007 r)`{(} DATE UNI{ D S AT- S DISTRICT{ DGE