Houston v. Rio Cosumnes Correctional Facility, et al.

Filing 16

ORDER denying 12 Motion for Summary Judgment signed by Magistrate Judge Kendall J. Newman on 1/21/16. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN LLOYD HOUSTON,

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No. 2: 15-cv-2055 KJN P

Plaintiff,
v.

ORDER

RIO CONSUMNES CORRECTIONAL
FACILITY, et al.,
Defendants.

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Plaintiff is a county prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of the undersigned.

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(ECF No. 4.) Pending before the court is plaintiff’s December 30, 2015 motion for summary

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judgment. (ECF No. 12.)

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On December 15, 2015, the undersigned ordered the United States Marshal to serve the

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amended complaint on defendant Sacramento County. (ECF No. 10.) Because no defendant has

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been served or appeared, plaintiff’s motion for summary judgment is premature.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for summary judgment

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(ECF No. 12) is denied as premature.

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Dated: January 21, 2016

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Hou2055.ord

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