Aiken v. Snee et al

Filing 17

ORDER Denying 2 Plaintiff's Motion for Summary Judgment and Denying 16 Plaintiff's Motion for Expedited Consideration of Summary Judgment. Signed by Judge James C. Mahan on 04/02/2014. (Copies have been distributed pursuant to the NEF - AC)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 PATRICIA AIKEN, 9 10 11 2:13-CV-1768 JCM (VCF) Plaintiff(s), v. THOMAS M. SNEE, et al., 12 Defendant(s). 13 14 ORDER 15 Presently before the court is pro se plaintiff Patricia Aiken’s motion for summary judgment. 16 (Doc. # 2). Pro se defendant Thomas M. Snee filed a response in opposition (doc. # 10), and plaintiff 17 filed a reply (doc. # 14). 18 The instant motion consists of nothing more than a cover page followed by sixty-seven pages 19 of attached documents relating to a dispute over employment compensation between plaintiff and 20 defendant Snee. (Doc. # 2). Plaintiff has not filed a complaint in this matter. 21 As there has been no complaint filed, the court is unable to grant summary judgment. See 22 Fed. R. Civ. P. 3 (“A civil action is commenced by filing a complaint with the court.”); Fed. R. Civ. 23 P. 56 (“A party may move for summary judgment, identifying each claim or defense — or the part 24 of each claim or defense — on which summary judgment is sought.”) (emphasis added). 25 Because plaintiff has not filed a complaint and therefore the court cannot identify any 26 cognizable claims upon which she may be entitled to summary judgment, the instant motion will be 27 denied. 28 James C. Mahan U.S. District Judge 1 Accordingly, 2 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion for 3 4 5 6 summary judgment (doc. # 2) be, and at the same time hereby is, DENIED. IT IS FURTHER ORDERED that plaintiff’s motion for expedited consideration of summary judgment (doc. # 16) is DENIED as moot. DATED April 2, 2014. 7 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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