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Miller v. California State Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 4, 2009

ERNEST MILLER, PLAINTIFF,
v.
CALIFORNIA STATE PRISON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER STRIKING PLAINTIFF'S PROCEDURALLY DEFICIENT MOTION FOR SUMMARY JUDGMENT (Doc. 56)

Plaintiff Ernest Miller is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 2, 2009, Plaintiff filed a motion for summary judgment.

Plaintiff is entitled to summary judgment if he makes a showing that there exists no genuine issue as to any material fact on his First Amendment and Fourteenth Amendment equal protection claims. Fed. R. Civ. P. 56(c). Further, Local Rule 56-260(a) requires that "[e]ach motion for summary judgment or summary adjudication shall be accompanied by a 'Statement of Undisputed Facts' that shall enumerate discretely each of the specific material facts relied upon in support of the motion and cite the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission or other document relied upon to establish that fact."

Plaintiff's motion is nothing more than a bare request for summary judgment. It is lacking a statement of facts, argument, and relevant evidence.*fn1 Accordingly, the motion is procedurally deficient, and is HEREBY ORDERED STRICKEN from the record for that reason.

IT IS SO ORDERED.


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