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Banks v. Niclkin

February 1, 2010

FREDERICK BANKS, PLAINTIFF
v.
JULIE NICLKIN, ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 1st day of February, 2010, upon consideration of plaintiff's motion for sanctions (Doc. 109) pursuant to Federal Rule of Civil Procedure 11, in which plaintiff seeks to impose sanctions against defendants based upon the conduct of three chaplains*fn1 employed at the Federal Correctional Institution at Yazoo City, Mississippi, plaintiff's present place of incarceration, and it appearing that the chaplains are not named as defendants and that the defendants that are named in this action cannot be sanctioned for the conduct of non-parties under Rule 11 (encompassing representations made to the court via a pleading, written motion, or other paper submitted by an attorney or unrepresented party), and it further appearing that plaintiff has failed to specify the Rule 11(b) conduct which warrants sanctions, FED. R. CIV. P. 11(c)(2) (stating that a motion for sanctions must describe the specific conduct that allegedly violates Rule 11(b)), it is hereby

ORDERED that the motion (Doc. 109) is DENIED.

CHRISTOPHER C. CONNER United States ...


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