Marcelo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARINO ANTONIO HERNANDEZ, Case No. 1:19-cv-01219-NONE-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DENY PLAINTIFF’S MOTION TO

v. STRIKE DEFENDANTS’ AFFIRMATIVE

DEFENSES

J. MARCELO, et al., (Doc. 28) Defendants. 14-DAY DEADLINE 16 Before the Court is Plaintiff’s motion to strike Defendants’ affirmative defenses from their answer to Plaintiff’s complaint. (Doc. 28.) For the reasons set forth below, the Court recommends that Plaintiff’s motion be denied. Defendants filed their answer to Plaintiff’s complaint on July 16, 2020. (Doc. 24.) Federal Rule of Civil Procedure 12(f) provides that a party must file a motion to strike a defense from an answer within 21 days of being served with the pleading. Fed. R. Civ. P. 12(f)(2). Taking into account the extra time provided by Rules 6(d) and 6(a)(1)(C), Plaintiff should have submitted his motion to prison officials for mailing by August 10, 2020. See Douglas v. Noelle, 567…