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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HAKEIM EL BEY,

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No. 2:16-cv-2248 MCE GGH PS

Plaintiff,
v.

ORDER

SELECT PORTFOLIO SERVICES, INC.,
Defendant.

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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.)

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Plaintiff’s motion is defectively noticed. See E. D. Local Rule 230(b). Even if the motion were

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properly noticed, it is premature. Two motions to dismiss are currently submitted and pending

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review by the court. Plaintiff is referred to Fed. R. Civ. P. 56 and E.D. Local Rule 260 for

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information regarding the timing and procedure for filing a summary judgment motion.

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

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December 19, 2016 (ECF No. 18), is vacated without prejudice to its refiling, if necessary, after

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the adjudication of the motions to dismiss.

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Dated: December 24, 2016

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE