Koerner v. Cox et al

Filing 18

ORDER. IT IS ORDERED that plaintiff's motion for summary judgment 9 is DENIED WITHOUT PREJUDICE. FURTHER ORDERED that plaintiff's renewed motion for order for plaintiff to view evidentiary videotape 11 is DENIED WITHOUT PREJUDICE. Signed by Judge Larry R. Hicks on 6/30/2011. (Copies have been distributed pursuant to the NEF - MLC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KELLY KOERNER,
#23196

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Plaintiff,
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vs.
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JAMES GREG COX, et al.,
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Defendants.
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3:11-cv-00116-LRH-VPC
ORDER

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This is a prisoner civil rights action. On April 25, 2011 the court issued a Screening Order that

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allowed certain claims to proceed (docket #12). Before the court is plaintiff’s motion for summary

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judgment (docket #9).

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On February 28, 2011, prior to this court’s screening of the complaint, plaintiff filed this motion

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for summary judgment (docket #9). Defendants have not yet filed a response to plaintiff’s complaint.

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Accordingly, plaintiff’s motion for summary judgment is denied without prejudice as premature and with

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leave to renew if necessary.

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Also before the court is plaintiff’s renewed motion for order for plaintiff to view evidentiary

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videotape (docket #11). This case has not yet proceeded to the discovery phase and, as such, this motion

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is premature. Accordingly, this motion is also denied without prejudice and with leave to renew if

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necessary.

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IT IS THEREFORE ORDERED that plaintiff’s motion for summary judgment (docket #9)

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is DENIED without prejudice.

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IT IS FURTHER ORDERED that plaintiff’s renewed motion for order for plaintiff to view
evidentiary videotape (docket #11) is DENIED without prejudice.

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DATED this 30th day of June, 2011.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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