Fisher v. Director of OPS of CDCR

Filing 46

ORDER DISREGARDING 36 Motion to Proceed IFP; ORDER DENYING 36 Motion for Summary Judgment as Premature signed by Magistrate Judge Barbara A. McAuliffe on 4/1/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY FRANCIS FISHER, aka Gary Dale
Barger,
Plaintiff,
v.
DIRECTOR OF OPS OF CDCR,
Defendant.

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Case No.: 1:14-cv-00901-BAM PC
ORDER DISREGARDING MOTION TO
PROCEED IN FORMA PAUPERIS
ORDER DENYING MOTION FOR SUMMARY
JUDGMENT AS PREMATURE
(ECF No. 36)

Plaintiff Gary Francis Fisher (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on June

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20, 2013, in the Northern District of California. On June 2, 2014, the Court reopened the action and

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directed Plaintiff to file a complaint. (ECF No. 16.) Plaintiff filed an amended complaint on June 10,

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2014. (ECF No. 18.) On the same date, the matter was transferred to this Court. (ECF No. 19.)

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On December 15, 2014, Plaintiff filed a request to proceed in forma pauperis and motion for
summary judgment as a matter of law. (ECF No. 36.)
With regard to Plaintiff’s request to proceed in forma pauperis, this request is unnecessary. On

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June 2, 2014, Plaintiff was granted leave to proceed in forma pauperis in this action. (ECF No. 17.)

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Accordingly, Plaintiff’s pending request to proceed in forma pauperis is HEREBY DISREGARDED.

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With regard to Plaintiff’s request for summary judgment as a matter of law, this request is
premature. On March 4, 2015, the Court screened Plaintiff’s amended complaint pursuant to 28
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U.S.C. §1915A, and dismissed it with leave to amend within thirty days. (ECF No. 41.) Currently,

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there is no operative complaint on file, no claims have been found cognizable, no defendants have

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been ordered served, and no defendants have appeared in this action. Therefore, Plaintiff’s motion for

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summary judgment is HEREBY DENIED as premature.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

April 1, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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