Sonntag v. Nevada County et al

Filing 35

ORDER signed by Magistrate Judge Craig M. Kellison on 05/12/11 disregarding 34 Motion for Summary Judgment. The clerk of the court is directed to terminate the summary judgment motion as a pending motion on the docket. After defendants' motion to dismiss has been addressed, and defendants have filed an answer, plaintiff may re-file his motion for summary judgment if appropriate. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASON ERIC SONNTAG,

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Plaintiff,

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No. CIV S-09-1224-CMK-P

vs.

ORDER

NEVADA COUNTY, et al.,

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Defendants.

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/

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Plaintiff, a Nevada state prisoner proceeding pro se, brings this civil rights action

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pursuant to 42 U.S.C. § 1983. Pursuant to the written consent of all parties, this case is before

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the undersigned as the presiding judge for all purposes, including entry of final judgment. See 28

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U.S.C. § 636(c).

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Pending before the court is plaintiff’s motion for summary judgment (Doc. 34).

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Plaintiff has filed this motion for summary judgment while defendants’ motion to dismiss (Doc.

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29) is still pending. The court will generally only entertain one motion at a time. Plaintiff’s

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motion is also filed prematurely. Defendants have not filed an answer, and therefore have not

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made a general appearance. As the case is not at issue, no discovery has been completed.

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Accordingly, the court will disregard plaintiff’s prematurely filed motion for

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summary judgment. The Clerk of the Court is directed to terminate the summary judgment

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motion as a pending motion on the docket. After defendants’ motion to dismiss has been

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addressed, and defendants have filed an answer, plaintiff may re-file his motion for summary

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judgment, if appropriate.

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IT IS SO ORDERED.

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DATED: May 12, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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