May v. USA et al

Filing 21

ORDER re 17 MOTION to Dismiss filed by T C Outlaw, Ronald Smith. The Court will construe this motion as a motion for summary judgment and will direct the parties to file any additional relevant exhibits, briefs, and/or affidavits in support of the parties' respective positions within ten days of the date of this Order. Signed by Magistrate Judge Jerome T. Kearney on 5/24/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
LOREN W. MAY, SR.,
REG. #17748-045
v.

PLAINTIFF
2:12-cv-00019-BSM-JTK

UNITED STATES OF AMERICA, et al.

DEFENDANTS
ORDER

This matter is before the Court on the Defendants’ Motion to Dismiss (Doc. No. 17), to
which Plaintiff has filed a Response (Doc. No. 20).
In their Motion, Defendants submit for the Court’s review several documents outside of the
pleadings. In addition, they refer in their brief to an inspection by the Occupational Safety and
Health Administration, to which they have provided no evidence in support. Finally, Defendants
also make statements concerning actions they have taken to resolve certain problems, but the Court
cannot accept such statements at face value. Therefore, pursuant to FED.R.CIV.P. 12(d), this Court
will construe the pending motion as one for Summary Judgment, and will provide the parties the
opportunity to supplement their filings with any additional relevant exhibits, briefs, and/or affidavits.
Accordingly,
IT IS, THEREFORE, ORDERED that Defendants’ Motion to Dismiss (Doc. No. 17) is
hereby construed as a motion for Summary Judgment.
IT IS FURTHER ORDERED that any additional relevant exhibits, briefs, and/or affidavits
in support of the parties’ respective positions shall be filed within ten days of the date of this Order.
IT IS SO ORDERED this 24th day of May, 2012.
____________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE