Milan

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

EDWARD B. SPENCER, 1:20-cv-00682-JLT-GSA-PC

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION TO

STRIKE AFFIRMATIVE DEFENSES

vs. (ECF No. 29.) RICHARD MILAN,

Defendant.

17 I. BACKGROUND Edward B. Spencer (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds against sole defendant Milam1 (“Defendant”) for subjecting Plaintiff to adverse conditions of confinement in violation of the Eighth Amendment. On January 7, 2022, Defendant filed an Answer to the complaint. (ECF No. 24.) On January 24, 2022, Plaintiff filed a motion to strike some of Defendant’s affirmative defenses. (ECF No. 29.) On February 25, 2022, Defendant filed an opposition to the motion. (ECF No. 30.)

28 1 Sued as Milan. II. MOTION TO STRIKE AFFIRMATIVE DEFENSES A. Legal Standards Although a defectively pled affirmative defense can…