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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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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PATRICIA AIKEN,

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2:13-CV-1768 JCM (VCF)

Plaintiff(s),
v.
THOMAS M. SNEE, et al.,

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Defendant(s).

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ORDER

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Presently before the court is pro se plaintiff Patricia Aiken’s motion for summary judgment.

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(Doc. # 2). Pro se defendant Thomas M. Snee filed a response in opposition (doc. # 10), and plaintiff

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filed a reply (doc. # 14).

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The instant motion consists of nothing more than a cover page followed by sixty-seven pages

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of attached documents relating to a dispute over employment compensation between plaintiff and

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defendant Snee. (Doc. # 2). Plaintiff has not filed a complaint in this matter.

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As there has been no complaint filed, the court is unable to grant summary judgment. See

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Fed. R. Civ. P. 3 (“A civil action is commenced by filing a complaint with the court.”); Fed. R. Civ.

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P. 56 (“A party may move for summary judgment, identifying each claim or defense — or the part

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of each claim or defense — on which summary judgment is sought.”) (emphasis added).

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Because plaintiff has not filed a complaint and therefore the court cannot identify any

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cognizable claims upon which she may be entitled to summary judgment, the instant motion will be

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denied.

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion for

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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.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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