El Bey v. Hollingsworth et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
HAKEIM EL BEY,
No. 2:16-cv-2248 MCE GGH PS
SELECT PORTFOLIO SERVICES, INC.,
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.)
Plaintiff’s motion is defectively noticed. See E. D. Local Rule 230(b). Even if the motion were
properly noticed, it is premature. Two motions to dismiss are currently submitted and pending
review by the court. Plaintiff is referred to Fed. R. Civ. P. 56 and E.D. Local Rule 260 for
information regarding the timing and procedure for filing a summary judgment motion.
Accordingly, IT IS ORDERED that: plaintiff’s motion for summary judgment, filed
December 19, 2016 (ECF No. 18), is vacated without prejudice to its refiling, if necessary, after
the adjudication of the motions to dismiss.
Dated: December 24, 2016
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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