Greene v. Russell
MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 2/17/2021. (Opinion mailed to Pro Se Party via US Mail)(slt)
Case 7:20-cv-00208-TTC-RSB Document 22 Filed 02/17/21 Page 1 of 1 Pageid#: 531
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
JOSEPH DONALD GREENE,
Civil Action No. 7:20cv00208
Hon. Thomas T. Cullen
United States District Judge
This matter is before the court upon Greene’s motions for partial summary judgment
(ECF Nos. 14 and 20) in this civil action filed under 42 U.S.C. § 1983. The court is currently
waiting for Greene to file an amended complaint (see ECF No. 21), and the defendant has
neither been notified of this action nor has he responded to the complaint. Without notice
and a response from the defendant, the court cannot appropriately assess whether genuine
issues of material fact exist. Accordingly, the court finds that Greene’s motions for partial
summary judgment are premature and, therefore, will deny the motions without prejudice. See
e.g., Minyard v. Hooks, No. 1:17-cv-283-FDW, 2018 U.S. Dist. LEXIS 68836, at *9, 2018 WL
1934079 (W.D.N.C. Apr. 23, 2018).
ENTERED this 17th day of February, 2021.
__/s/ Thomas T. Cullen______________
HON. THOMAS T. CULLEN
UNITED STATES DISTRICT JUDGE
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