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Lamont A. Houze Ii v. State of California

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 27, 2012

LAMONT A. HOUZE II, PLAINTIFF,
v.
STATE OF CALIFORNIA, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Presently before the court is plaintiff's motion for summary judgment. However, plaintiff's recently filed amended application to proceed in forma pauperis is still pending, and the court has not yet screened plaintiff's complaint pursuant to 28 U.S.C. § 1915(e)(2), or authorized the service of plaintiff's complaint on any defendant. As no defendant has been served with process, plaintiff's prematurely filed motion for summary judgment is denied without prejudice to re-filing at an appropriate time. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for summary judgment (Dkt. No. 5) is denied without prejudice.

IT IS SO ORDERED.

20120727

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