UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 15, 2011
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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