Welker v. USA et al

Filing 59

ORDER re 37 MOTION to Dismiss. The Court construes this motion as a motion for summary judgment and will allow the parties to submit an additional brief and/or evidence in support of their respective positions within ten days of the date of this Order. Signed by Magistrate Judge Jerome T. Kearney on 2/15/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CHRISTOPHER WELKER, REG. #30124-044 v. PLAINTIFF 2:11-cv-00107-JTK UNITED STATES OF AMERICA, et al. DEFENDANTS ORDER Pursuant to FED.R.CIV.P. 12(d), this Court will construe Defendants’ Motion to Dismiss (Doc. No. 37) as a Motion for Summary Judgment. The parties may submit an additional brief and/or evidence in support of their respective positions within ten days of the date of this Order. IT IS SO ORDERED this 15th day of February, 2012. ______________________________________ JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE

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