Taylor et al v. Walmart, Inc.

Filing 12

ORDER Denying 5 Motion for Summary Judgment signed by Judge Oliver W. Wanger on 8/6/2010. (Esteves, C)

Taylor et al v. Walmart, Inc.

Doc. 12

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 Plaintiffs Corey Taylor and Jotasha Taylor ("Plaintiffs") are proceeding pro se and in 17 forma pauperis in this action. Plaintiffs filed their complaint upon which this action proceeds on 18 June 24, 2010. Now pending before the court is Plaintiffs' motion for summary judgment, which 19 was filed on July 6, 2010. 20 On July 29, 2010, pursuant to 28 U.S.C. § 1915(e)(2), the court conducted an initial 21 review of the complaint for sufficiency to state a claim. The court required Plaintiffs to either 22 file an amended complaint or a notice of their willingness to proceed only on claims found to be 23 cognizable. On July 30, 2010, Plaintiffs filed a notice of their willingness to proceed only on 24 claims found cognizable. 25 26 27 Emm0d6Dated: 28 August 6, 2010 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 1
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UNITED STATES DISTRICT COURT
COREY TAYLOR; JOTASHA TAYLOR, ) ) ) ) Plaintiffs, ) ) v. ) ) WALMART, INC., ) ) ) ) Defendant. ) ) 1:10cv01138 OWW DLB ORDER DENYING MOTION FOR SUMMARY JUDGMENT (Document 5)

At this juncture, the complaint has not been served on defendant. Plaintiffs' motion for summary judgment is premature and is DENIED WITHOUT PREJUDICE. IT IS SO ORDERED.