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Martin v. Pearson

United States District Court, S.D. Mississippi, Western Division
Oct 23, 2009
CIVIL ACTION NO. 5:09cv28-DCB-MTP (S.D. Miss. Oct. 23, 2009)

Opinion

CIVIL ACTION NO. 5:09cv28-DCB-MTP.

October 23, 2009


ORDER GRANTING MOTION TO STRIKE


THIS MATTER is before the court on Respondent's Motion [24] to Strike Petitioner's Document # 22. Having reviewed the motion, the court finds that it is well-taken and should be granted.

Rule 12(f) of the Federal Rules of Civil Procedure authorizes the court to "order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous material." It is entirely unclear from Document # 22 what relief Petitioner is seeking. Moreover, as Respondent points out, this document could be construed to be a false lien or encumbrance in violation of 18 U.S.C. § 1521. Accordingly, the court finds that Document # 22 should be stricken.

IT IS, THEREFORE, ORDERED AND ADJUDGED that Respondent's Motion [24] to Strike Petitioner's Document # 22 is granted. Document # 22 shall be deemed stricken from the docket. Plaintiff is warned that any further filings of this nature may result in the imposition of sanctions, including dismissal of his claims with prejudice.

SO ORDERED and ADJUDGED


Summaries of

Martin v. Pearson

United States District Court, S.D. Mississippi, Western Division
Oct 23, 2009
CIVIL ACTION NO. 5:09cv28-DCB-MTP (S.D. Miss. Oct. 23, 2009)
Case details for

Martin v. Pearson

Case Details

Full title:JOHN DANIEL MARTIN, III, #23201-034 PETITIONER v. BRUCE PEARSON, Warden…

Court:United States District Court, S.D. Mississippi, Western Division

Date published: Oct 23, 2009

Citations

CIVIL ACTION NO. 5:09cv28-DCB-MTP (S.D. Miss. Oct. 23, 2009)