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)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Anthony Merrick,
Plaintiff,

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No. CV-13-01094-PHX-SPL (BSB)
ORDER

v.
Inmate Legal Services, et al.,

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Defendants.

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This matter is before the Court on its own review. Plaintiff commenced this civil

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rights action pursuant to 42 U.S.C. § 1983 on May 30, 2013 (Doc. 1) and filed an

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amended complaint on September 8, 2013. (Doc. 8.) The Court directed Defendant

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Lillie to answer, in part, Plaintiff’s amended complaint. (Doc. 10.) After Defendant

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Lillie filed an answer (Doc. 12), the Court issued a Scheduling Order setting a June 23,

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2014 discovery deadline and an August 20, 2014 dispositive motion deadline. (Doc. 14

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at 1-3.) The day after the Court issued the Scheduling Order, Plaintiff filed a motion for

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summary judgment and a statement of facts. (Docs. 15 and 16.)

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Plaintiff filed his motion for summary judgment over five months before the

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discovery deadline, and seven months before the dispositive motion deadline.

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Considering the procedural posture of this case at the time Plaintiff filed his motion for

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summary judgment, that motion was prematurely filed and the Court denies it without

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prejudice to refiling by the August 20, 2014 deadline.

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Accordingly,

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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.

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Honorable Steven P. Logan
United States District Judge

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