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Floyd Scott v. J. Palmer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 15, 2011

FLOYD SCOTT,
PLAINTIFF,
v.
J. PALMER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER STRIKING MOTION(Doc. 38)

Plaintiff Floyd Scott, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 29, 2009. This action is proceeding against Defendants Palmer, Rivera, and Lopez for excessive force, in violation of the Eighth Amendment, and there is a scheduling order in place.

On July 12, 2011, Plaintiff filed what is entitled "Plaintiff's Motion on the Unenumerated Rule 12(b) of the FRCP." An unenumerated Rule 12(b) motion is a motion to dismiss brought by the defendants in an action, not by a plaintiff. The filing is not responsive to any pending matter and there is no recognizable basis for the filing. Therefore, the motion ORDERED STRICKEN from the record.

IT IS SO ORDERED.

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20110715

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