Whitney v. United States Department of Justice
ORDER: The best course is to convert 8 Motion into one for summary judgment. Each party may present all additional materials pertinent to the motion, and more argument, by 10/27/2017. Signed by Judge D. P. Marshall Jr. on 9/22/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JAMES E. WHITNEY
UNITED STATES DEPARTMENT
The Department of Justice moves to dismiss Whitney's
complaint under Rules 12(b)(1) & 12(b)(6). NQ 8.
Attached to the
Department's brief is an affidavit, which in turn attaches Whitney's
POI request and DOJ' s response.
with an affidavit.
Whitney has responded
The POI request is embraced by Whitney's
complaint, but the dueling affidavits are not.
If the issue were only
subject matter jurisdiction, the Court could consider these record
materials, but merits facts beyond the complaint can't be considered
on whether the pleading states a claim.
Group, 655 F.3d 796, 800 (8th Cir. 2011).
Brooks v. Midwest Heart
The best course is to convert
the motion, NQ 8, into one for summary judgment. FED. R. Crv. P. 12(d).
The Court does so.
Each party may present all additional materials
pertinent to the motion, and more argument, by 27 October 2017.
D .P. Marshall (r.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?