Peak v. Taylor

Filing 28

ORDER - The plaintiff's motion for leave to proceed in forma pauperis (filing 26 ) is denied as moot. The plaintiff's motion for summary judgment (filing 27 ) is denied without prejudice. Ordered by Senior Judge John M. Gerrard. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TERRIJANA PEAK,
Plaintiff,
vs.

8:23-CV-345
ORDER

JARED TAYLOR, Detective #2146,
Defendant.
The plaintiff has filed a motion for summary judgment (filing 27). That
motion will be denied without prejudice.
As a general rule, summary judgment is proper only after the nonmovant
has had adequate time for discovery. Hamilton v. Bangs, McCullen, Butler,
Foye & Simmons, L.L.P., 687 F.3d 1045, 1049-50 (8th Cir. 2012). Discovery in
this case is not yet complete. See filing 22; filing 23; filing 25. In addition, the
plaintiff's motion is unsupported by the brief and separate statement of
material facts required by this Court's local rules. See NECivR 7.1(a)(1) and
NECivR 56.1(a). Pursuant to those rules, the Court may "treat the failure to
file a brief as an abandonment of the motion" and "[f]ailure to submit a
statement of material facts may be grounds to deny the motion." NECivR
7.1(a)(1)(B); NECivR 56.1(a)(1).
Accordingly, the Court will deny the plaintiff's motion as both
unsupported and premature. Such denial shall be without prejudice to
reasserting the motion later, after discovery and case progression, and properly
supported as required by this Court's rules.
The plaintiff has also filed a motion for leave to proceed in forma
pauperis (filing 26). It is not clear why, because she has already been given

leave to proceed in forma pauperis. See filing 5. Accordingly, her new request
for the same thing is moot.
IT IS ORDERED:
1.

The plaintiff's motion for leave to proceed in forma pauperis
(filing 26) is denied as moot.

2.

The plaintiff's motion for summary judgment (filing 27) is
denied without prejudice.

Dated this 10th day of March, 2025.
BY THE COURT:

John M. Gerrard
Senior United States District Judge

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