Fields v. Castrillo

Filing 33

ORDER signed by Magistrate Judge Allison Claire on 04/11/18 DENYING 31 Motion for Summary Judgment and DENYING 32 Motion to Appoint Counsel. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLTON FIELDS,

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No. 2:17-cv-1068 AC P

Plaintiff,
v.

ORDER

E.F. CASTRILLO,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights

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action filed pursuant to 42 U.S.C. § 1983. On March 8, 2018, the court issued an order that, inter

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alia, denied plaintiff’s motion for appointment of counsel. See ECF No. 26. On March 23, 2018,

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the court issued an Amended Discovery and Scheduling Order, setting a May 25, 2018 discovery

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deadline, and an August 24, 2018 dispositive motion deadline. See ECF No. 30. On March 29,

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2018, plaintiff filed a motion for summary judgment, ECF No. 31, and a second motion for

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appointment of counsel, ECF No. 32. For the reasons that follow, plaintiff’s recent motions will

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be denied.

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Plaintiff’s dispositive motion is prematurely filed because discovery has not yet closed in

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this case. Therefore, the motion will be denied without prejudice. Plaintiff may file and serve a

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motion for summary judgment after the close of discovery on May 25, 2018, and before

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expiration of the dispositive motion deadline on August 24, 2018.
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Plaintiff’s motion for appointment of counsel will be denied for the reasons stated by the
court in its order filed March 8, 2018, denying plaintiff’s prior motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for summary judgment filed March 29, 2018, ECF No. 31, is denied

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without prejudice as prematurely filed.

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2. Plaintiff’s motion for appointment of counsel filed March 29, 2018, ECF No. 32, is

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denied for the reasons previously stated by the court in its order filed March 8, 2018 (ECF No.

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26).

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IT IS SO ORDERED.
DATED: April 11, 2018

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