Andres
(PC) Tate v. Andres
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEREK TATE, No. 2:18-cv-0822 AC P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMEDNATIONS
J. ANDRES, Defendant. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. This matter is before the court on plaintiff’s motions to strike defendant’s affirmative defenses (ECF No. 29) and for a temporary restraining order (ECF No. 30). I. Motion to Strike Affirmative Defenses On September 11, 2019, defendant Andres filed an answer to the complaint and raised six affirmative defenses. ECF No. 25 at 6-7. Plaintiff seeks to strike all of defendant’s affirmative defenses on the ground that his complaint is a verified complaint. ECF No. 29 at 3. Federal Rule of Civil Procedure 12(f) provides that “[t]he court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” 27…