Stephen v. Montejo et al

Filing 29

ORDER signed by Magistrate Judge Deborah Barnes on 4/11/19 DISMISSING without prejudice 28 Motion for Summary Judgment to its renewal at the appropriate, later time. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMIE STEPHEN,

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Plaintiff,

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No. 2:18-cv-1796 KJM DB P

v.

ORDER

E. MONTEJO, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action under

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42 U.S.C. § 1983. Plaintiff alleges defendants were deliberately indifferent to his serious medical

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needs. On screening plaintiff’s second amended complaint, this court found plaintiff stated a

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potentially cognizable Eighth Amendment claim against defendant Montejo and recommended

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the remaining defendants be dismissed from this action. (ECF No. 17.) After plaintiff submitted

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service documents for defendant Montejo, on March 26, 2019 this court ordered the U.S. Marshal

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to serve the second amended complaint on Montejo. (ECF No. 22.)
On April 8, 2019, plaintiff filed a motion for summary judgment. (ECF No. 28.) Plaintiff

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is advised that his motion is premature because defendant Montejo has not yet appeared in this

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action. If appropriate, later in these proceedings, the court will issue an order informing the

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parties about the time for filing dispositive motions, including motions for summary judgment.

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

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(ECF No. 28) is dismissed without prejudice to its renewal at the appropriate, later time.

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DATED: April 11, 2019

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:9
DB/prisoner-civil rights/step1796.msj dsm

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