Holliman v. United States

ORDER

WILLIAM D. BROWNING, Senior District Judge.

Pending before the Court is Defendant United States’ August 3,1998 Motion to Dismiss or for Summary Judgment. The motion is fully briefed and ready for decision. Oral argument was heard on October 28, 1998.

Defendant filed the motion as one to dismiss, or in the alternative, for summary judgment. The Court finds that a motion for summary judgment is premature as Defendant has not answered and no discovery has been conducted. Therefore, the Court treats Defendant’s motion solely as a motion to dismiss.

I. Factual and Procedural Background

The…