Miller v. Wal-Mart

Filing 30

ORDER denying 28 Motion to submit Exhibits. Signed by Magistrate Judge Dennis Howell on 11/08/2013. (Pro se litigant served by US Mail.)(thh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:13cv46 MARK KEVIN MILLER, ) ) Plaintiffs, ) ) v. ) ) WAL-MART, ) ) Defendant. ) ___________________________________ ) ORDER Pending before the Court is Plaintiff’s Motion to Submit Exhibits [# 28]. Plaintiff moves to submit two exhibits that show the size of the warehouse. None of these documents are pertinent to the issues before the Court on the Motion to Dismiss, and it would be improper for the Court to consider them. Accordingly, the Court DENIES the motion [# 28]. If any claims survive the District Court ruling on the soon to be issued Memorandum and Recommendation of this Court, then Plaintiff can introduce any such evidence at the summary judgment stage. Signed: November 8, 2013 -1-

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