Puckett v. Agboli et al

Filing 7

ORDER signed by Magistrate Judge Craig M. Kellison on 9/30/16 ORDERING that the court will disregard plaintiff's prematurely filed 4 Motion for Summary Judgment. Plaintiff may re-file his motion for summary judgment at the appropriate time. (Dillon, 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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DURRELL ANTHONY PUCKETT,

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No. 2:14-cv-2776-CMK-P

Plaintiff,

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vs.

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A. AGBOLI, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant
to 42 U.S.C. § 1983.

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Pending before the court is plaintiff’s motion for summary judgment (Doc. 4).

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Plaintiff’s motion is premature. 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 and

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there currently is no opposing party. As such, the motion for summary judgment is premature

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and will be disregarded. Plaintiff may re-file his motion once the case is at issue and discovery

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has been conducted.

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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. Plaintiff may re-file his motion for summary

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judgment at the appropriate time.

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IT IS SO ORDERED.

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DATED: September 30, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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