White v. Langley

Full title: SARAH ODAWARE WHITE (#319932) v. GARY LANGLEY

Court: United States District Court, M.D. Louisiana

Date published: Jul 28, 2008

CIVIL ACTION NUMBER 08-142-RET-DLD (M.D. La. Jul. 28, 2008)

Opinion

CIVIL ACTION NUMBER 08-142-RET-DLD.

July 28, 2008

ORDER

DOCIA DALBY, Magistrate Judge

Before the court is the defendant's Motion to Dismiss. Record document number 20.

Defendant moved to dismiss the complaint pursuant to Rule 12(b), Fed.R.Civ.P., on the grounds that the plaintiff failed to exhaust administrative remedies. A review of the motion to dismiss showed that the defendant relied on documents outside of the pleadings. Therefore;

IT IS ORDERED that the defendant's Motion to Dismiss shall be converted to a Motion for Summary Judgment pursuant to Rule 56, Fed.R.Civ.P.

IT IS FURTHER ORDERED that the plaintiff is granted 20 days from the date of this order to file an opposition to the defendant's motion for summary judgment together with any appropriate summary judgment evidence.