Martin v. Pearson

Filing 26

ORDER granting 24 Motion to Strike. Signed by Magistrate Judge Michael T. Parker on October 23, 2009. (Harris, M.)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION JOHN DANIEL MARTIN, III, #23201-034 VERSUS BRUCE PEARSON, Warden ORDER GRANTING MOTION TO STRIKE THIS MATTER is before the court on Respondent's Motion [24] to Strike Petitioner's Document # 22. Having reviewed the motion, the court finds that it is well-taken and should be granted. Rule 12(f) of the Federal Rules of Civil Procedure authorizes the court to "order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous material." It is entirely unclear from Document # 22 what relief Petitioner is seeking. Moreover, as Respondent points out, this document could be construed to be a false lien or encumbrance in violation of 18 U.S.C. § 1521. Accordingly, the court finds that Document # 22 should be stricken. IT IS, THEREFORE, ORDERED AND ADJUDGED that Respondent's Motion [24] to Strike Petitioner's Document # 22 is granted. Document # 22 shall be deemed stricken from the docket. Plaintiff is warned that any further filings of this nature may result in the imposition of sanctions, including dismissal of his claims with prejudice. SO ORDERED and ADJUDGED this the 23rd day of October, 2009. s/ Michael T. Parker United States Magistrate Judge PETITIONER CIVIL ACTION NO. 5:09cv28-DCB-MTP RESPONDENT