Gregory v. Bureau of Prisons

Filing 30

ORDER dismissing pltf's MSJ 11 without prejudice. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/3/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
HOWARD SCOTT GREGORY,
Plaintiff
v.
UNITED STATES OF AMERICA,
Defendant

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CIVIL NO. 1:16-CV-966
(Chief Judge Conner)

ORDER
AND NOW, this 3rd day of February, 2017, upon consideration of plaintiff’s
motion (Doc. 11) for summary judgment, and the court noting that plaintiff’s motion
was filed before the pleadings were closed,1 and upon further consideration of
plaintiff’s supplement (Doc. 15) wherein he indicates that he was unaware of the
applicable procedural rules, and thus unaware that he prematurely moved for
summary judgment, and wherein he further requests the opportunity to refile his
motion at a later date, it is hereby ORDERED that the motion (Doc. 11) for
summary judgment is DISMISSED without prejudice.
/S/ Christopher C. Conner
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
The United States Attorney’s Office received a courtesy copy of the
summons and complaint on or about June 7, 2016. See (Docket Entry dated June 7,
2016). The BOP and the United States Attorney General were served by certified
mail on June 20 and 21, 2016, respectively. (Doc. 10). Accordingly, a responsive
pleading was due on or before August 22, 2016. See FED. R. CIV. P. 12(a)(2). Thus,
plaintiff’s motion (Doc. 11) for summary judgment filed on July 12, 2016 was clearly
premature.
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