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Reynolds v. Donate

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


November 24, 2008

MICHAEL CURTIS REYNOLDS, PLAINTIFF
v.
WARDEN JANINE DONATE, ET AL., DEFENDANTS

The opinion of the court was delivered by: James F. McClure, Jr. United States District Judge

(Judge McClure)

ORDER

Background

Michael Curtis Reynolds ("Plaintiff"), an inmate presently confined in the Allenwood United States Penitentiary, White Deer, Pennsylvania, Pennsylvania, initiated this pro se civil rights action pursuant to 42 U.S.C. § 1983. A second complaint, Reynolds v. Donate, Civil No. 4:CV-06-1487, filed by Plaintiff was subsequently consolidated into this action.

On April 12, 2007, an Answer to the consolidated Complaints was filed by the Defendants. See Record document no. 46. Presently pending are three (3) motions by Plaintiff to strike the answer and incorporated affirmative defenses.

Plaintiff's motions do not set forth a sufficient argument which would warrant the striking of the either the answer or the affirmative defenses raised therein.

Accordingly, Reynolds' motions will be denied. However, Plaintiff is advised that the denial of his motion does not relieve Defendants of their obligation of establishing entitlement to any of the immunities listed in their affirmative defenses. Consequently,

IT IS HEREBY ORDERED THAT:

Plaintiff's motions to strike (Record document nos. 107, 111, & 117) Defendants' answer and affirmative defenses are DENIED.

20081124

© 1992-2008 VersusLaw Inc.



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