King v. Holland et al

Filing 13

ORDER DENYING Plaintiff's 12 Motion for Summary Judgment, without Prejudice signed by Magistrate Judge Barbara A. McAuliffe on 9/6/2016. (Sant Agata, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10

RASHAD KING,
Plaintiff,

11
12
13
14

v.
S. HOLLAND, et al,
Defendants.

15
16
17
18
19
20
21
22
23
24
25
26
27

)
)
)
)
)
)
)
)
)
)
)

1:15-cv-01885-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT, WITHOUT
PREJUDICE
(ECF No. 12)

Plaintiff Rashad King (“Plaintiff”), is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 28 U.S.C. § 1361. Plaintiff has consented to
magistrate judge jurisdiction. (ECF No. 5.)
Currently before the Court is Plaintiff’s motion for summary judgment, in which he states
that he has not yet received any information regarding whether his complaint will proceed passed
the screening stage, and thus he seeks summary judgment. (ECF No. 12.)
Plaintiff’s motions shall be denied, without prejudice. As Plaintiff has been previously
informed and as he admits in his motion, the Court is required to screen complaints brought by
prisoners seeking relief against a governmental entity or officer or employee of a governmental
entity. 28 U.S.C. § 1915A(a). Should Plaintiff’s complaint proceed beyond the screening stage,
the Court will direct it to be served, and will issue an order setting a schedule for discovery and
dispositive motions. Since no complaint has been ordered served, and no defendants have

28
1

1

appeared, dispositive motions are premature. Plaintiff is advised that his complaint will be

2

screened in due course.

3
4

Accordingly, Plaintiff’s motion for summary judgment (ECF No. 12) is HEREBY
DENIED, without prejudice.

5
6
7

IT IS SO ORDERED.
Dated:

/s/ Barbara

September 6, 2016

8

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2