McGee v. Centurion Medical Services et al

Filing 30

ORDER denying 24 Motion for Summary Judgment. Signed by District Judge Louis Guirola, Jr. on 6/20/18. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
CHARLES MCGEE
v.

PLAINTIFF
CAUSE NO. 1:17-cv-224-LG-RHW

CENTURION MEDICAL SERVICES, et al.

DEFENDANTS

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
This matter is before the Court on Plaintiff Charles McGee’s Motion for
Summary Judgment [24]. Having reviewed the record and applicable law, the
Court finds that the Motion [24] should be denied.
McGee, a pro se prisoner, filed this Complaint [1] pursuant to 42 U.S.C.
§ 1983 concerning the conditions of confinement at the South Mississippi
Correctional Facility, Leakesville, Mississippi. McGee's Motion [24] asserts that his
claims against Defendants Reed, Turner, Ross, and Evans can be disposed by this
Motion for Summary Judgment.
The Court is required to “review . . . a complaint in a civil action in which a
prisoner seeks redress from a governmental entity or officer or employee of a
governmental entity[,]” as McGee does here. See 28 U.S.C. § 1915A(a). The Court
is further required to “identify cognizable claims or dismiss the complaint, or any
portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state
a claim upon which relief may be granted.” 28 U.S.C. § 1915A(b). This case is
currently being screened as provided in 28 U.S.C. § 1915A.

Because the screening process is not complete, Defendants have not been
served with process. Therefore, Plaintiff’s Motion for Summary Judgment is
premature and should be denied. See, e.g., Verrette v. Ratliff, No. 08-3156, 2008 WL
4330197, at *1 (E.D. La. Sept. 16, 2008).
IT IS, THEREFORE, ORDERED AND ADJUDGED that Plaintiff
McGee’s Motion for Summary Judgment [24] is DENIED.
SO ORDERED AND ADJUDGED this the 20th day of June, 2018.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE

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