MUTSCHLER v. DOWNS

Civil No. 3:15-CV-2015.

TONY L. MUTSCHLER, Plaintiff, v. CAPT. S. M. DOWNS, et al., Defendants.

United States District Court, M.D. Pennsylvania.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Tony L. Mutschler, Plaintiff, Pro Se.

Capt. S. M. Downs, Defendant, represented by Caleb Curtis Enerson , PA Office of Attorney General & Sharon K. Rogers , Office of Attorney General.


ORDER

EDWIN M. KOSIK, District Judge.

AND NOW, THIS 6th DAY OF JANUARY, 2017, IT IS HEREBY ORDERED AS FOLLOWS:

1. Plaintiff's "Petition to Move Forward" (Doc. 40) is construed as a motion to lift the previously imposed stay and is GRANTED. The Clerk of Court is directed to LIFT THE STAY in this case. 2. The parties are to complete all discovery in this matter on or before March 6, 2017. Any dispositive motions are to be filed on or before April 6, 2017. 3. The Clerk of Court is directed to STRIKE from the record and RETURN to Plaintiff his filing entitled "Motion In Opposing Defendant 12(b)(6) Motion."1 (Doc. 39.)

FootNotes


1. The only remaining Defendant in this action is Defendant Downs, who filed an Answer to the amended complaint on December 7, 2016 (Doc. 37). No motion to dismiss has been filed. Although Plaintiff titles his filing as opposition to a motion to dismiss, and it has been docketed by the Clerk's Office as a "Traverse," it is clearly a response to Defendant's Answer. Such a filing is not permitted in that the Answer does not contain a counterclaim. It only responds to the amended complaint and raises affirmative defenses. As such, Plaintiff's filing is an improper filing. See Fed. R. Civ. P. 7(a).

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