Guy v. Hobbs

Filing 17

ORDER finding the 10 PARTIAL REPORT AND RECOMMENDATIONS moot and referring the case back to the Magistrate Judge for appropriate action on the 8 MOTION to Dismiss and Brief in Support filed by Ray Hobbs. Signed by Judge James M. Moody on 4/27/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

BENNIE DAVID GUY
ADC #72770
V.

PETITIONER

CASE NO. 5:12CV00092 JMM

RAY HOBBS, DIRECTOR,
ARKANSAS DEPARTMENT OF CORRECTION

RESPONDENT

ORDER
Pending before the Court are the Partial Report and Recommendation from Magistrate Judge H.
David Young, Respondent’s objections which incorporates a Motion to Convert the pending Motion to
Dismiss to a Motion for Summary Judgment.
The Magistrate Judge’s proposed findings and recommendations to deny Respondent’s Motion to
Dismiss were based upon Petitioner’s allegation that he was granted parole in 2009. Respondent has
submitted evidence that Petitioner was not granted parole in 2009. Based upon this new evidence,
Respondent seeks to convert the pending Motion to Dismiss to a Motion for Summary Judgment.
Because the Magistrate Judge did not have the benefit of this evidence before issuing his findings
and recommendations and because the Respondent seeks to convert the pending Motion to Dismiss to a
Motion for Summary Judgment, the Court finds the Magistrate Judge’s proposed findings and
recommendation moot and refers the case back to the Magistrate Judge for appropriate action.
IT IS SO ORDERED this 27

day of April, 2012.

James M. Moody
United States District Judge