Edwards v. Arkansas Department of Correction

Filing 37

ORDER denying as moot 14 Motion to Dismiss. Signed by Judge James M. Moody on 7/28/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MYRA EDWARDS
V.

PLAINTIFF
5:10CV00195 JMM

ARKANSAS DEPARTMENT OF CORRECTION
and BOB PARKER, individually and in
his official capacity

DEFENDANTS

ORDER
Pending is the Defendants’ Motion to Dismiss. (Docket # 14). Defendants have now
filed a motion for summary judgment containing the arguments set forth in their motion to
dismiss, in addition to factual arguments and evidence supporting their contention that they are
entitled to judgment as a matter of law. In response to the pending motion for summary
judgment, Plaintiff has clarified and conceded some claims and has submitted evidence to rebut
Defendants’ arguments. As the parties have now presented matters outside the pleadings in
support of their arguments, the Court will consider the parties arguments and evidence on the
motion for summary judgment by separate order. Accordingly, Defendants’ motion to dismiss is
denied as moot.
IT IS SO ORDERED this 28th day of July, 2011.

_________________________________
James M. Moody
United States District Judge