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TOPPING v. OHIO ADULT PAROLE AUTHORITY, 2:11-cv-00727. (2012)

Court: District Court, S.D. Ohio Number: infdco20120625978 Visitors: 3
Filed: Jun. 22, 2012
Latest Update: Jun. 22, 2012
Summary: Order MARK R. ABEL, Magistrate Judge. This matter is before the Magistrate Judge on defendant Ohio Adult Parole Authority's May 31, 2012 motion to strike plaintiff's response to defendant's answer with jury demand (doc. 30). In his memorandum in opposition to defendant's motion to strike, plaintiff argues that striking his document would be improper and fundamentally unfair because he is proceeding pro se and untrained in the law. Plaintiff maintains that document 27 is 3 separate pleadings:
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Order

MARK R. ABEL, Magistrate Judge.

This matter is before the Magistrate Judge on defendant Ohio Adult Parole Authority's May 31, 2012 motion to strike plaintiff's response to defendant's answer with jury demand (doc. 30). In his memorandum in opposition to defendant's motion to strike, plaintiff argues that striking his document would be improper and fundamentally unfair because he is proceeding pro se and untrained in the law. Plaintiff maintains that document 27 is 3 separate pleadings: his response to defendant's answers; an explanation of the full nature of his complaint; and an explanation of the relevance of evidence in the case. He was not aware that he was not entitled to reply to defendant's answer. He was afraid that the Court would rule in favor of defendant if he failed to file any opposition to the answer. Plaintiff requests that he be allowed to recaption the document as "Plaintiff's explanation of facts and the relevance of all discovery exhibits" rather than be required to resubmit those two sections of the document.

Under the Federal Rules of Civil Procedure, no response to an answer is permitted unless the court orders that one be filed. Rule 7(a), Fed. R. Civ. P. Here the Court has not ordered plaintiff to file a response to defendants' answer. Consequently, the Clerk of Court is DIRECTED to STRIKE plaintiff's response to defendants' answer (doc. 27) from the record. Plaintiff may, however, incorporate document 27 by reference in a later filing before the Court if he believes this is necessary.

Under the provisions of 28 U.S.C. §636(b)(1)(A), Rule 72(a), Fed. R. Civ. P., and Eastern Division Order No. 91-3, pt. F, 5, either party may, within fourteen (14) days after this Order is filed, file and serve on the opposing party a motion for reconsideration by the District Judge. The motion must specifically designate the Order, or part thereof, in question and the basis for any objection thereto. The District Judge, upon consideration of the motion, shall set aside any part of this Order found to be clearly erroneous or contrary to law.

Source:  Leagle

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