Stribling v. Mott et al

Filing 94

ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/27/19 DENYING 93 Motion for Summary Judgment. The clerk of the court is directed to provide plaintiff with a copy of Local Rule 260. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AARON LAMONT STRIBLING,

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No. 2:16-cv-0400 MCE CKD P

Plaintiff,

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v.

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R. MOTT, et al.,

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ORDER

Defendants.

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Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.

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§ 1983, has filed a motion for summary judgment. (ECF No. 93.) However, the motion fails to

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comply with Federal Rule of Civil Procedure 56 and Local Rule 260 and will be denied without

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prejudice to a motion in the proper form. The court also notes that it is unclear whether plaintiff

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has complied with the August 29, 2018 order compelling discovery responses. Plaintiff is

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cautioned that he must comply with the August 29, 2018 order prior to filing any further motion

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for summary judgment because his responses to defendants’ discovery requests may provide

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defendants with information necessary to defend against a summary judgment motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for summary judgment (ECF No. 93) is denied without prejudice to

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bringing a motion in the proper form.

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2. The Clerk of the Court is directed to provide plaintiff with a copy of Local Rule 260.
Dated: February 27, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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13:stri0400.msj.deny

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