Scott v. Palmer et al
Filing
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ORDER Striking Motion (Doc. 38 ), signed by Magistrate Judge Sheila K. Oberto on 7/15/2011. (Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FLOYD SCOTT,
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Plaintiff,
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CASE NO. 1:09-cv-01329-AWI-SKO PC
ORDER STRIKING MOTION
v.
(Doc. 38)
J. PALMER, et al.,
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Defendants.
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Plaintiff Floyd Scott, a state prisoner proceeding pro se, filed this civil rights action pursuant
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to 42 U.S.C. § 1983 on July 29, 2009. This action is proceeding against Defendants Palmer, Rivera,
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and Lopez for excessive force, in violation of the Eighth Amendment, and there is a scheduling order
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in place.
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On July 12, 2011, Plaintiff filed what is entitled “Plaintiff’s Motion on the Unenumerated
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Rule 12(b) of the FRCP.” An unenumerated Rule 12(b) motion is a motion to dismiss brought by
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the defendants in an action, not by a plaintiff. The filing is not responsive to any pending matter and
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there is no recognizable basis for the filing. Therefore, the motion ORDERED STRICKEN from
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the record.
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IT IS SO ORDERED.
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Dated:
ie14hj
July 15, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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