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Barnes v. Fedele

February 25, 2009

ARRELLO BARNES, PLAINTIFF,
v.
FEDELE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

By letter dated February 6, 2009, plaintiff seeks "discovery" before responding to defendants' motion to dismiss which was filed pursuant to FED. R. CIV. P. 12(b). The motion for discovery is denied. Unlike a summary judgment motion, a motion to dismiss speaks just to what is contained in the complaint, and no information, outside of that, may be considered by the court in deciding the motion.

Plaintiff must respond to the defendant's motion to dismiss on or before April 1, 2009.

IT IS SO ORDERED.

Rochester, New York

20090225

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