Martin v. Chavez et al

Filing 73

ORDER denying 54 Motion for Summary Judgment with leave to renotice or refile signed by Magistrate Judge Dennis L. Beck on 9/25/2014. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9
EASTERN DISTRICT OF CALIFORNIA
10
11

ANDREW W. MARTIN,

12

Case No. 1:11-cv-01461 AWI DLB PC
ORDER DENYING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT
WITH LEAVE TO RENOTICE OR REFILE

Plaintiff,

13

v.

14

F. CHAVEZ, et al.,

15

[ECF No. 54]

Defendants.

16
Plaintiff Andrew W. Martin is a prisoner proceeding pro se and in forma pauperis in this

17

18 civil rights action. Plaintiff is proceeding on her First Amended Complaint filed September 6,
1
19 2012.

On January 29, 2014, Defendants filed a motion for summary judgment. On July 10,

20

21 2014, the Court granted Plaintiff’s motion to compel production of documents in part, and stayed
22 Defendants’ motion for summary judgment pending the resolution of discovery matters. Given
2
23 that discovery matters remain ongoing, for the Court’s administrative purposes only, the Court

24 finds it appropriate to DISMISS WITHOUT PREJUDICE Defendants’ Motion for Summary
25
26
1

Plaintiff is a male to female transgender inmate. On December 17, 2013, the Court granted Plaintiff’s motion for

27 reconsideration for referring to Plaintiff with the feminine pronoun.
28

2

The Court emphasizes that this Order is not a ruling on the merits of Defendants’ motion.

1

1 Judgment and GRANT LEAVE TO REFILE OR RENOTICE once discovery has concluded.
2
3
4

IT IS SO ORDERED.
Dated:

/s/ Dennis

September 25, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2