El Bey v. Hollingsworth et al

Filing 19

ORDER signed by Magistrate Judge Gregory G. Hollows on 12/24/16 ORDERING that 18 Motion for Summary Judgment is VACATED without prejudice to its refiling, if necessary, after the adjudication of the motions to dismiss. (Kastilahn, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 HAKEIM EL BEY, 11 12 13 14 No. 2:16-cv-2248 MCE GGH PS Plaintiff, v. ORDER SELECT PORTFOLIO SERVICES, INC., Defendant. 15 16 17 18 Plaintiff is proceeding in this action pro se and has paid the filing fee. This proceeding was referred to this court by Local Rule 302(21), pursuant to 28 U.S.C. § 636(b)(1). On December 19, 2016, plaintiff filed a “request for summary judgment.” (ECF No. 18.) 19 Plaintiff’s motion is defectively noticed. See E. D. Local Rule 230(b). Even if the motion were 20 properly noticed, it is premature. Two motions to dismiss are currently submitted and pending 21 review by the court. Plaintiff is referred to Fed. R. Civ. P. 56 and E.D. Local Rule 260 for 22 information regarding the timing and procedure for filing a summary judgment motion. 23 Accordingly, IT IS ORDERED that: plaintiff’s motion for summary judgment, filed 24 December 19, 2016 (ECF No. 18), is vacated without prejudice to its refiling, if necessary, after 25 the adjudication of the motions to dismiss. 26 Dated: December 24, 2016 27 28 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE

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