Heath v. Horan, 5:17-cv-209-DPM-JTK. (2018)
Court: District Court, E.D. Arkansas
Number: infdco20181108g24
Visitors: 31
Filed: Nov. 05, 2018
Latest Update: Nov. 05, 2018
Summary: ORDER D.P. MARSHALL, JR. , District Judge . In objecting to the recommendation, Dr. Horan raised a new argument about exhaustion and introduced a new affidavit. N o 45. The Magistrate Judge is best situated to consider this new material first. The Court therefore declines the recommendation, N o 43 , without prejudice and returns this case to the Magistrate Judge for further proceedings. After Heath has had an opportunity to respond to the new papers, the Court would benefit fr
Summary: ORDER D.P. MARSHALL, JR. , District Judge . In objecting to the recommendation, Dr. Horan raised a new argument about exhaustion and introduced a new affidavit. N o 45. The Magistrate Judge is best situated to consider this new material first. The Court therefore declines the recommendation, N o 43 , without prejudice and returns this case to the Magistrate Judge for further proceedings. After Heath has had an opportunity to respond to the new papers, the Court would benefit fro..
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ORDER
D.P. MARSHALL, JR., District Judge.
In objecting to the recommendation, Dr. Horan raised a new argument about exhaustion and introduced a new affidavit. No 45. The Magistrate Judge is best situated to consider this new material first. The Court therefore declines the recommendation, No 43, without prejudice and returns this case to the Magistrate Judge for further proceedings. After Heath has had an opportunity to respond to the new papers, the Court would benefit from an updated recommendation.
So Ordered.
Source: Leagle
