Downs v. California Board of Prison Terms et al

Filing 12

ORDER Denying 10 Motion for Summary Judgment as Premature signed by Magistrate Judge Sandra M. Snyder on 09/10/2009. (Flores, E)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 Defendants. 14 15 Plaintiff Gregory Downs is a state prisoner proceeding pro se and in forma pauperis in this 16 civil rights action pursuant to 42 U.S.C. § 1983. On August 31, 2009, Plaintiff filed a motion for 17 summary judgment. Fed. R. Civ. P. 56. 18 This action was filed on April 22, 2009, and in a separate order issued concurrently with this 19 order, the Court dismissed Plaintiff's complaint, with leave to amend, for failure to state a claim. 20 Plaintiff's complaint is in the screening stage, and against whom this action will ultimately proceed 21 has not been determined. Plaintiff's motion for summary judgment is premature given that no 22 defendant has yet been served or made an appearance in this action. 23 Accordingly, Plaintiff 's motion for summary judgment is HEREBY DENIED as premature. 24 IT IS SO ORDERED. 25 26 27 28 1 Dated: icido3 September 10, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE / v. CALIFORNIA BOARD OF PRISON TERMS, et al., GREGORY DOWNS, Plaintiff, CASE NO. 1:09-cv-00714-SMS PC ORDER DENYING MOTION FOR SUMMARY JUDGMENT AS PREMATURE (Doc. 10)

UNITED STATES DISTRICT COURT