Singanonh v. Susanville Prison

Filing 32

ORDER signed by Magistrate Judge Dennis M. Cota on 09/06/19 STRIKING 29 plaintiff's motion for summary judgment as premature and the clerk of the court is directed to terminate the filing as a pending motion. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIENGKHAM SINGANONH,

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Plaintiff,

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No. 2:18-CV-0159-WBS-DMC-P

v.

ORDER

K. LANGSLET, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for summary judgment (ECF

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No. 29).

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Plaintiff’s motion is premature. The court authorized service of this action on

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defendants on April 22, 2019. See ECF No. 21. Plaintiff submitted documents necessary for

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service of process by the United States Marshal on June 28, 2019. See ECF No. 25. The court

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directed service by the United States Marshal on July 11, 2019. See ECF No. 27. To date,

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defendants have not been served. Because no defendants have been served or have appeared, the

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case is not yet at issue. At the current pleading stage of the litigation, motions for summary

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judgment are premature. The parties will be provided an opportunity to file pre-trial dispositive

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motions at a later stage of the case following the close of discovery.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for summary

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judgment (ECF No. 29) is stricken as premature and the Clerk of the Court is directed to

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terminate the filing as a pending motion.

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Dated: September 6, 2019
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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