McDowell, Jr. v. Rimington et al
Filing
33
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 2/22/2013, denying 31 Motion to Strike 30 Notice. (Copies have been distributed pursuant to the NEF - JC)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
TOMMIE LEE McDOWELL, JR,
)
)
Plaintiff,
)
vs.
)
)
RICHARD RIMINGTON, et al.,
)
)
Defendants.
)
___________________________________ )
3:12-cv-00249-RCJ-WGC
MINUTES OF THE COURT
February 22, 2013
PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:
KATIE LYNN OGDEN REPORTER: NONE APPEARING
COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Defendants’ Motion (Doc. # 31) wherein Defendants request the court to
Strike Plaintiff’s “Notice to the Court” (Doc. # 30) pursuant to Fed. R. Civ. P. 12(f). As Defendants
note, Federal Rule of Civil Procedure 12(f) provides the court with a mechanism to strike any
redundant, immaterial, impertinent or scandalous matter from the record. However, Rule 12(f) only
pertains to “pleadings.” Plaintiff’s “Notice to the Court,” which is admittedly an unusual filing, is
not a “pleading.”
Furthermore, the court does not find that the Plaintiff’s letter is either frivolous or
immaterial. Pro se filings are to be liberally construed. See Hughes v. Rowe, 449 U.S. 5, 9 (1980);
Haines v. Kerner, 404 U.S. 519, 520-21 (1972) (per curiam); see also Hamilton v. Brown, 630 F.3d
889, 893 (9th Cir. 2011); Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010); Balistreri v. Pacifica
Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990). Because Plaintiff’s “Notice to the Court” is not a
“pleading,” Defendant’s motion to strike (Doc. #31) is therefore DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:
/s/
Deputy Clerk
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