Cunningham v. Department of Corrections

Filing 20

ORDER denying 8 Motion for Summary Judgment. Signed by Judge Salvador Mendoza, Jr. (VR, Courtroom Deputy)**2 PAGE(S), PRINT ALL**(Aaron Cunningham, Prisoner ID: 734851)

1
2

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

3

Nov 15, 2017
SEAN F. MCAVOY, CLERK

4
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

5
6

AARON JOSEPH CUNNINGHAM ,
NO: 4:17-CV-05088-SMJ

7
Plaintiff,
8

ORDER DENYING MOTION FOR
SUMMARY JUDGMENT

v.
9
DEPARTMENT OF CORRECTIONS,
10
Defendant.
11
12

BEFORE THE COURT without oral argument is Plaintiff’s Motion for

13

Summary Judgment, ECF No. 8. Plaintiff also submitted a letter and supplemental

14

materials. ECF Nos. 13 and 14.

15

Plaintiff is proceeding pro se and in forma pauperis. Defendants have not

16

been served in this action and are not required to file an answer to Plaintiff’s

17

complaint or to respond to his motion.

18

By separate Order the Court has granted Plaintiff leave to voluntarily

19

dismiss this action. Therefore, a Motion for Summary Judgment is not warranted.

20

Accordingly, the Motion, ECF No. 8, is DENIED.

ORDER DENYING MOTION FOR SUMMARY JUDGMENT -- 1

1
2
3

IT IS SO ORDERED. The Clerk of Court is DIRECTED to enter this
Order and forward a copy to Plaintiff.
DATED this 15th day of November 2017.

4
5

__________________________
SALVADOR MENDOZA, JR.
United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

ORDER DENYING MOTION FOR SUMMARY JUDGMENT -- 2