IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
April 27, 2006
DARRYL K. TOLIVER, PLAINTIFF,
FAISA AHMED, PAM GRUBMAN, AND GARY GERST, DEFENDANTS.
The opinion of the court was delivered by: Proud, Magistrate Judge
Before the Court is Defendant's Motion to Strike Exhibits A-I Attached to Plaintiff's Memorandum of Law (Doc. 51).
Plaintiff filed a "memorandum of law" in opposition to defendant Grubman's motion to dismiss. He attached various documents as exhibits A through I to his memorandum, which is Doc. 47. Defendant now moves to strike those exhibits becasue her motion to dismiss is filed under Fed.R.Civ.P. 12(b)(6), which does not allow for consideration of matters outside the pleadings.
Defendant's position is technically correct. However, as plaintiff is pro se, the Court will grant him some latitude. The Court will not strike the exhibits, but will consider them only to the extent permissible under the Federal Rules of Civil Procedure.
Upon consideration and for good cause shown, Defendant's Motion to Strike Exhibits AI Attached to Plaintiff's Memorandum of Law (Doc. 51) is DENIED.
IT IS SO ORDERED.
CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE
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