GUY v. HOBBS, 5:12CV00092 JMM. (2012)
Court: District Court, E.D. Arkansas
Number: infdco20120501736
Visitors: 10
Filed: Apr. 27, 2012
Latest Update: Apr. 27, 2012
Summary: ORDER JAMES M. MOODY, District Judge. Pending before the Court are the Partial Report and Recommendation from Magistrate Judge H. David Young, Respondent's objections which incorporates a Motion to Convert the pending Motion to Dismiss to a Motion for Summary Judgment. The Magistrate Judge's proposed findings and recommendations to deny Respondent's Motion to Dismiss were based upon Petitioner's allegation that he was granted parole in 2009. Respondent has submitted evidence that Petitioner w
Summary: ORDER JAMES M. MOODY, District Judge. Pending before the Court are the Partial Report and Recommendation from Magistrate Judge H. David Young, Respondent's objections which incorporates a Motion to Convert the pending Motion to Dismiss to a Motion for Summary Judgment. The Magistrate Judge's proposed findings and recommendations to deny Respondent's Motion to Dismiss were based upon Petitioner's allegation that he was granted parole in 2009. Respondent has submitted evidence that Petitioner wa..
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ORDER
JAMES M. MOODY, District Judge.
Pending before the Court are the Partial Report and Recommendation from Magistrate Judge H. David Young, Respondent's objections which incorporates a Motion to Convert the pending Motion to Dismiss to a Motion for Summary Judgment.
The Magistrate Judge's proposed findings and recommendations to deny Respondent's Motion to Dismiss were based upon Petitioner's allegation that he was granted parole in 2009. Respondent has submitted evidence that Petitioner was not granted parole in 2009. Based upon this new evidence, Respondent seeks to convert the pending Motion to Dismiss to a Motion for Summary Judgment.
Because the Magistrate Judge did not have the benefit of this evidence before issuing his findings and recommendations and because the Respondent seeks to convert the pending Motion to Dismiss to a Motion for Summary Judgment, the Court finds the Magistrate Judge's proposed findings and recommendation moot and refers the case back to the Magistrate Judge for appropriate action.
IT IS SO ORDERED.
Source: Leagle
