(PC) Harris v. Dube

Filing 27

ORDER signed by Magistrate Judge Dennis M. Cota on 7/8/2024 DISREGARDING plaintiff's 11 filing to the extent plaintiff seeks an order granting summary judgment in his favor. (Yin, K)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID D. HARRIS, 12 No. 2:23-CV-1664-DMC-P Plaintiff, 13 v. 14 J. DUBE, ORDER 15 Defendant. 16 17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. 19 On November 17, 2023, Plaintiff filed a document captioned “Notice of Change of 20 Address and Plaintiff’s Summary Judgment in Favor of the Plaintiff Fed. R. Civ. P. Rule 56(c)(a) 21 & (A).” ECF No. 11. Plaintiff’s address has been updated on the Court’s docket pursuant to 22 Plaintiff’s notice. To the extent Plaintiff also seeks summary judgment under Rule 56, for the 23 reasons stated below, the motion will be disregarded as improperly filed. 24 First, a review of the docket reflects that Defendant’s motion to dismiss, ECF No. 25 18, filed on March 22, 2024, remains pending. That motion will be addressed by separate 26 findings and recommendations. Given that the case has not yet moved past the pleading stage and 27 no discovery and scheduling order has been issued, Plaintiff’s motion for summary judgment is 28 premature. Second, the motion is procedurally defective. Federal Rule of Civil Procedure 1 1 56(c)(a) requires that motions for summary judgment cite to particular evidence showing that 2 summary judgment in the movant’s favor is appropriate. Plaintiff’s two-page handwritten 3 motion, which is not accompanied by any evidence, fails to meet this procedural requirement. 4 Third, Eastern District of California Local Rule 260(a) requires that motions for summary 5 judgment be accompanied by a Statement of Undisputed Facts. Plaintiff’s motion is not 6 accompanied by such a statement. 7 For these reasons, Plaintiff’s motion will be disregarded without prejudice to 8 renewal at a later stage of these proceedings after the Court has issued a discovery and scheduling 9 order for this case. 10 Accordingly, IT IS HEREBY ORDERED as follows: 11 1. 12 Plaintiff’s filing at ECF No. 11 is DISREGARDED to the extent Plaintiff seeks an order granting summary judgment in his favor. 13 2. Plaintiff may renew his motion for summary judgment, consistent with 14 Federal Rule of Civil Procedure 56 and Eastern District of California Local Rule 260 at a later 15 stage of these proceedings after the Court has issued a discovery and scheduling order. 16 17 3. The Clerk of the Court is directed to terminate ECF No. 11 as a pending motion. 18 19 Dated: July 8, 2024 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?