(PC) Rice v. Boulware et al

Filing 34

ORDER signed by Magistrate Judge Dennis M. Cota on 09/16/2022 DENYING 29 Motion for Summary Judgment as procedurally defective and premature. (Spichka, K.)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROYLAND RICE, 12 Plaintiff, 13 14 No. 2:20-CV-1752-KJM-DMC-P v. ORDER A.W. BOULWARE, et al., 15 Defendants. 16 Plaintiff, a federal prisoner proceeding pro se, brings this civil rights action. 17 18 Pending before the Court is Plaintiff’s “Motion for Summary Judgment,” ECF No. 29. On April 18, 2022, the Court issued an order indicating that, as of that date, it 19 20 appeared that Defendants had been served but not responded to the complaint. See ECF No. 27. 21 Plaintiff was directed to show cause why the action should not be dismissed for Plaintiff’s failure 22 to prosecute. See id. In response, Plaintiff filed the pending motion in which he seeks “summary 23 judgment” because “Defendants have and did fail to respond. . . .” ECF No. 29, pg. 1. Plaintiff’s 24 motion, which is construed as a motion for default judgment, is denied as procedurally defective 25 and premature. Specifically, no defaults have been entered by the Clerk of the Court, nor does it 26 appear that defaults would be appropriate because Plaintiff has not served his complaint on the 27 United States of America as required by Federal Rule of Civil Procedure 4(i)(1)-(3). 28 /// 1 1 2 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion, ECF No. 29, is denied as procedurally defective and premature. 3 4 Dated: September 16, 2022 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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