Wilson v. Plummer et al

Filing 11

ORDER GRANTING PRO SE PLAINTIFFS MOTION TO ADMIT ADDITIONAL EXHIBITS (DOC. 10 ). Signed by Magistrate Judge Michael J Newman on 01/24/2013. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

ANTHONY L. WILSON,

:

Plaintiff,
v.

Case No. 3:12-CV-337
District Judge Timothy S. Black
Magistrate Judge Michael J. Newman

:

PHIL PLUMMER, et al.,
Defendants.

:

ORDER GRANTING PRO SE PLAINTIFF’S MOTION TO ADMIT ADDITIONAL
EXHIBITS (DOC. 10)

Now before the Court is a pro se motion (doc. 10) in which Plaintiff seeks to submit exhibits
in support of his memorandum in opposition (doc. 8) to Defendants’ Fed. R. Civ. P. 12(b)(6)
motion to dismiss (doc. 7). As a general rule, in considering a Fed. R. Civ. P. 12(b)(6) dismissal
motion, the Court is limited to considering only the pleadings; if matters outside the pleadings are
considered, the Court must convert the motion to one for summary judgment. Wedgewood Ltd.
P’ship I. v. Twp. of Liberty, 456 F. Supp. 2d 904, 909 n.1 (S.D. Ohio 2006). However, there is an
exception to that rule which is applicable here: the Court may consider public records. See id.
See also Nieman v. NLO, Inc., 108 F.3d 1546, 1554 (6th Cir. 1997). Plaintiff seeks to submit the
docket sheet from his criminal case in the Montgomery County, Ohio Common Pleas Court (doc.
10-1), as well several Orders of Appearance in his criminal case (docs. 10-2; 10-3; 10-4). 1
Accordingly, as Plaintiff seeks only to submit public records, the Court GRANTS Plaintiff’s

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Plaintiff also attaches an affidavit in which he avers that the attached documents are true court documents.
See doc. 10-5.

motion (doc. 10). The Court will consider Plaintiff’s attached exhibits in ruling on Defendants’
motion to dismiss.
IT IS SO ORDERED.
January 24, 2013

s/ Michael J. Newman
United States Magistrate Judge

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