(PC) Hernandez v. Weiss ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ANDRES C. HERNANDEZ, Case No. 2:20-cv-01006-TLN-JDP (PC) 11 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR AN EXTENSION OF TIME 12 v. ECF No. 30 13 RICHARD WEISS, FINDINGS AND RECOMMENDATIONS 14 Defendant. THAT PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT BE DENIED 15 ECF No. 31 16 OBJECTIONS DUE WITHIN FOURTEEN 17 DAYS 18 19 20 Plaintiff has filed a motion for an extension of time, which states that he is seeking 21 approval “to file a motion.” ECF No. 30. The court has not yet issued a scheduling order setting 22 deadlines for filing discovery and dispositive motions. Plaintiff’s motion is denied as 23 unnecessary. 24 Plaintiff has also filed a motion for summary judgment.1 ECF No. 31. The two-page 25 motion, which is not accompanied by supporting evidence, contains no arguments relating to 26 plaintiff’s claims. Instead, the motion recites the standard applicable to motions for summary 27 28 1 Defendant has filed an opposition to plaintiff’s motion. ECF No. 32. 1 | judgment and concludes that plaintiff is entitled to summary judgment. Jd. Because □□□□□□□□□□□ 2 || unsupported motion does not demonstrate that he is entitled to summary judgment on his claims, I 3 || recommend that it be denied. See Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir. 4 | 2007) (“Where the moving party will have the burden of proof on an issue at trial, the movant 5 | must affirmatively demonstrate that no reasonable trier of fact could find other than for the 6 | moving party.”); Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (“[A] party seeking summary 7 | judgment always bears the initial responsibility of informing the district court of the basis for its 8 | motion, and identifying those portions of ‘the pleadings, depositions, answers to interrogatories, 9 | and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the 10 | absence of a genuine issue of material fact.”). 11 Accordingly, it is hereby ORDERED that plaintiffs motion for an extension of time, ECF 12 | No. 30, is denied. 13 Further, it is RECOMMENDED that plaintiff's motion for summary judgment, ECF No. 14 | 31, be denied. 15 I submit these findings and recommendations to the district judge under 16 | 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States 17 | District Court, Eastern District of California. The parties may, within 14 days of the service of 18 | the findings and recommendations, file written objections to the findings and recommendations 19 | with the court. Such objections should be captioned “Objections to Magistrate Judge’s Findings 20 | and Recommendations.” The district judge will review the findings and recommendations under 21 | 28 U.S.C. § 636(b)(1)(C). 22 73 IT IS SO ORDERED. 24 ( q Sty — Dated: _ December 9, 2021 Q_-——_ 25 JEREMY D. PETERSON 26 UNITED STATES MAGISTRATE JUDGE 27 28