Legal Opinion

Sellers v. United States

District Court, N.D. Georgia

Decided May 13, 1983No. Civ. C-82-930-APublishedCited by 4 opinions

1Opinion of the Court

ORDER

O’KELLEY, District Judge.

Presently pending before the court are the defendants’ motions to dismiss and for an enlargement of time. On February 24, 1983, the court partially converted the motion to dismiss into a motion for summary judgment since matters outside the pleadings were presented on one ground of the motion. See Fed.R.Civ.P. 12(c); Concordia v. Bendekovic, 693 F.2d 1073 (11th Cir. 1982). The plaintiff was given notice that the motion to dismiss was converted into a motion for summary judgment, and he was allowed an additional twenty days to file a further response or any…

2Cases cited35 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. United States v. TestanSupreme Court of the United States · 1976
  4. Butz v. EconomouSupreme Court of the United States · 1978
  5. Commissioner v. SunnenSupreme Court of the United States · 1948

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3Cited by4 opinions

  1. Van Schaick v. United StatesDistrict Court, D. South Carolina · 1983
  2. O'Brien v. United StatesDistrict Court, N.D. Georgia · 1998
  3. Davidson v. CommissionerDistrict Court, S.D. New York · 1984
  4. Harper v. City of BirminghamDistrict Court, N.D. Alabama · 1986

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