Arthur v. Thomas et al (DEATH PENALTY)

Filing 134

ORDER construing Dfts' 23 Motion as a Motion for Summary Judgment; ORDERED that any supplemental briefs or evidence that Dfts or Plf wish to present to the Court be submitted on or before 2/22/2013; further ORDERED that the discovery deadline in this case, previously set to expire on 1/18/2013 (see Order, Doc. # 128 ), is hereby CONTINUED until 2/15/2013. Signed by Honorable Judge Mark E. Fuller on 1/17/2013. (wcl, )

IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
THOMAS D. ARTHUR,
Plaintiff,
v.

KIM THOMAS, Commissioner,
Alabama Department of Corrections,
et al.,
Defendants.

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CASE NO. 2:11-cv-438-MEF
(WO – Do Not Publish)

ORDER
Now pending before the Court pursuant to the Eleventh Circuit’s per curiam opinion
dated March 21, 2012 (Doc. #49) is Defendants’ Motion to Dismiss and, in the Alternative,
Motion for Summary Judgment (Doc. #23). Because the Court heard extensive evidence on
Defendants’ motion at the evidentiary hearing held in this matter on October 18–19, 2012, the
Court is obligated to construe Defendants’ motion (Doc. #23) as a motion for summary
judgment. Fed. R. Civ. P. 12(d).
Accordingly, it is hereby ORDERED that any supplemental briefs or evidence that
Defendants or Plaintiff wish to present to the Court be submitted on or before February 22,
2013. Any documents or evidence filed after this date will not be considered by the Court.
It is further ORDERED that the discovery deadline in this case, previously set to expire
on January 18, 2013 (see Order, Doc. #128), is hereby CONTINUED until February 15, 2013.
th

DONE this the 17 day of January, 2013.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE