Maestas v. LeGrand et al

Filing 43

ORDER. The 28 motion for summary judgment is DENIED WITHOUT PREJUDICE to renew at the close of discovery. IT IS SO ORDERED. Signed by Judge Howard D. McKibben on 1/25/2012. (Copies have been distributed pursuant to the NEF - KO)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NICHOLAS MAESTAS,

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Plaintiff,
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vs.
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ROBERT LEGRAND, et al.,
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Defendants.
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_________________________________ )

3:10-cv-00585-HDM-VPC
ORDER

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On August 19, 2011, the plaintiff filed a motion for summary
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judgment (#28).

The motion was filed before the court has ruled on

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the defendants’ motion to dismiss for failure to exhaust, before
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the defendants have filed an answer, and before any discovery has
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been conducted in this case.

The motion is accordingly premature

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and is therefore DENIED WITHOUT PREJUDICE to renew at the close of
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discovery.
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IT IS SO ORDERED.
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DATED: This 25th day of January, 2012.
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____________________________
UNITED STATES DISTRICT JUDGE

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