Merrick v. Inmate Legal Services et al
Filing
30
ORDER that Plaintiff's 15 Motion for Summary Judgment is DENIED as premature without prejudice to refiling. Signed by Judge Steven P Logan on 7/3/2014.(ALS)
1
WO
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
Anthony Merrick,
Plaintiff,
10
11
12
No. CV-13-01094-PHX-SPL (BSB)
ORDER
v.
Inmate Legal Services, et al.,
13
Defendants.
14
15
This matter is before the Court on its own review. Plaintiff commenced this civil
16
rights action pursuant to 42 U.S.C. § 1983 on May 30, 2013 (Doc. 1) and filed an
17
amended complaint on September 8, 2013. (Doc. 8.) The Court directed Defendant
18
Lillie to answer, in part, Plaintiff’s amended complaint. (Doc. 10.) After Defendant
19
Lillie filed an answer (Doc. 12), the Court issued a Scheduling Order setting a June 23,
20
2014 discovery deadline and an August 20, 2014 dispositive motion deadline. (Doc. 14
21
at 1-3.) The day after the Court issued the Scheduling Order, Plaintiff filed a motion for
22
summary judgment and a statement of facts. (Docs. 15 and 16.)
23
Plaintiff filed his motion for summary judgment over five months before the
24
discovery deadline, and seven months before the dispositive motion deadline.
25
Considering the procedural posture of this case at the time Plaintiff filed his motion for
26
summary judgment, that motion was prematurely filed and the Court denies it without
27
prejudice to refiling by the August 20, 2014 deadline.
28
Accordingly,
1
2
3
IT IS ORDERED that Plaintiff’s Motion for Summary Judgment (Doc. 15) is
DENIED as premature without prejudice to refiling.
Dated this 3rd day of July, 2014.
4
5
Honorable Steven P. Logan
United States District Judge
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?