(PS) Oliver v. Placer County Superior Court ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID JEROME OLIVER, SR, et al., No. 2:20-cv-1203 JAM DB PS 12 Plaintiffs, 13 v. ORDER 14 PLACER COUNTY SUPERIOR COURT, et al., 15 16 Defendants. 17 18 Plaintiff David Jerome Oliver Sr. is proceeding in this action pro se. This matter was 19 referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). 20 On June 16, 2020, and September 17, 2020, plaintiff filed motions for summary judgment. (ECF 21 Nos. 3 & 5.) Summary judgment, however, should be entered after adequate time for discovery 22 and upon motion, against a party who fails to make a showing sufficient to establish the existence 23 of an element essential to that party’s case, and on which that party will bear the burden of proof 24 at trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986)). 25 Here, when plaintiff filed the motions for summary judgment, the screening of plaintiff’s 26 amended complaint and motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 were 27 still pending before the court. Moreover, on November 23, 2020, the undersigned issued findings 28 and recommendations, recommending that plaintiff’s amended complaint be dismissed without 1 | further leave to amend. (ECF No. 6.) Those findings and recommendations are pending before 2 | the assigned District Judge. 3 Accordingly, IT IS HEREBY ORDERED that plaintiffs June 16, 2020 motion for 4 | summary judgment (ECF No. 3) and September 17, 2020 motion for summary judgment (ECF 5 || No. 5) are denied without prejudice to renewal as premature. ! 6 | Dated: February 19, 2021 9 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 | DLB:6 DB\orders\orders.pro se\oliver1203.msj.den.ord 23 24 25 26 27 | | In the event that the assigned District Judge does not adopt the November 23, 2020 findings and recommendations in full plaintiff may file a renewed motion for summary judgment at the 28 | appropriate time.