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Walsh v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


September 26, 2006

RORY M. WALSH, PLAINTIFF
v.
THE UNITED STATES OF AMERICA, ET AL., DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 26th day of September, 2006, upon consideration of pro se plaintiff's motion to strike (Doc. 133) the motion to dismiss (Doc. 125),*fn1 pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, and it appearing that Rule 12(f) does not apply to a motion to dismiss, see FED. R. CIV. P. 12(f) (providing that a court may strike from a pleading "any insufficient defense or redundant, immaterial, impertinent, or scandalous matter"); id. 7(a) (defining pleadings); see also Kiliszek v. Nelson, Watson, & Assocs., LLC, No. 04-2604, 2006 WL 335788, at *8 n.5 (M.D. Pa. Feb. 14, 2006) (stating that a motion is not a pleading subject to Rule 12(f)); Murphy v. Yates, No. 05-2552, 2005 WL 2989630, at *1 (E.D. Pa. Aug. 8, 2005) (same), it is hereby ORDERED that the motion to strike (Doc. 133) is DENIED.


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