Stribling v. Mott et al

Filing 56

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/7/2018 ORDERING Plaintiff to respond to 49 Motion to Compel within 21 days from service of this order and DENYING without prejudice 53 Motion for Summary Judgment. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AARON LAMONT STRIBLING, 12 No. 2:16-cv-0400 CKD P Plaintiff, 13 v. 14 R. MOTT, et al., 15 ORDER Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Currently pending before the court are defendant Mott’s motion to compel (ECF 19 No. 49) and plaintiff’s motion for summary judgment (ECF No. 53). 20 Plaintiff has failed to oppose the motion to compel. He will be granted another 21 opportunity to respond to the motion and is cautioned that failure to respond will be deemed a 22 waiver of any opposition. In light of the pending discovery dispute, the resolution of which may 23 lead to the production of additional evidence which defendant Mott could use in responding to a 24 motion for summary judgment, plaintiff’s motion for summary judgment will be denied without 25 prejudice to re-filing once the discovery dispute has been resolved. The motion also fails to 26 comply with the requirements for a motion for summary judgment, specifically it lacks a separate 27 statement of facts as required by Local Rule 260(a), and is additionally dismissed without 28 prejudice to the filing of a motion in the proper form. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff shall have twenty-one days from service of this order to respond to defendant 3 Mott’s motion to compel. Failure to respond to the motion will be deemed a waiver of any 4 opposition. 5 2. Plaintiff’s motion for summary judgment (ECF No. 53) is denied without prejudice. 6 Plaintiff may file a motion in the proper form after defendant Mott’s motion to compel has been 7 resolved. 8 Dated: February 7, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 13:stri0400.mtc.eot.msj.deny 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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