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Downs v. California Board of Prison Terms

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 10, 2009

GREGORY DOWNS, PLAINTIFF,
v.
CALIFORNIA BOARD OF PRISON TERMS, ET AL., DEFENDANTS.

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

ORDER DENYING MOTION FOR SUMMARY JUDGMENT AS PREMATURE

(Doc. 10)

Plaintiff Gregory Downs is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 31, 2009, Plaintiff filed a motion for summary judgment. Fed. R. Civ. P. 56.

This action was filed on April 22, 2009, and in a separate order issued concurrently with this order, the Court dismissed Plaintiff's complaint, with leave to amend, for failure to state a claim. Plaintiff's complaint is in the screening stage, and against whom this action will ultimately proceed has not been determined. Plaintiff's motion for summary judgment is premature given that no defendant has yet been served or made an appearance in this action.

Accordingly, Plaintiff 's motion for summary judgment is HEREBY DENIED as premature.

IT IS SO ORDERED.

20090910

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