Scott v. Palmer et al

Filing 39

ORDER Striking Motion (Doc. 38 ), signed by Magistrate Judge Sheila K. Oberto on 7/15/2011. (Fahrney, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 FLOYD SCOTT, 10 Plaintiff, 11 12 CASE NO. 1:09-cv-01329-AWI-SKO PC ORDER STRIKING MOTION v. (Doc. 38) J. PALMER, et al., 13 Defendants. / 14 15 Plaintiff Floyd Scott, a state prisoner proceeding pro se, filed this civil rights action pursuant 16 to 42 U.S.C. § 1983 on July 29, 2009. This action is proceeding against Defendants Palmer, Rivera, 17 and Lopez for excessive force, in violation of the Eighth Amendment, and there is a scheduling order 18 in place. 19 On July 12, 2011, Plaintiff filed what is entitled “Plaintiff’s Motion on the Unenumerated 20 Rule 12(b) of the FRCP.” An unenumerated Rule 12(b) motion is a motion to dismiss brought by 21 the defendants in an action, not by a plaintiff. The filing is not responsive to any pending matter and 22 there is no recognizable basis for the filing. Therefore, the motion ORDERED STRICKEN from 23 the record. 24 25 IT IS SO ORDERED. 26 Dated: ie14hj July 15, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 27 28 1

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