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Moore v. Hubbard

United States District Court, E.D. California
Mar 12, 2009
No. CIV S-06-2187 FCD EFB P (E.D. Cal. Mar. 12, 2009)

Summary

recommending that plaintiff's motion for summary judgment be denied as premature where "discovery has not yet begun, defendants have not yet filed an answer and the court has yet to issue a discovery and scheduling order"

Summary of this case from Dalke v. Clark

Opinion

No. CIV S-06-2187 FCD EFB P.

March 12, 2009


ORDER


Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.

On February 3, 2009, the magistrate judge filed findings and recommendations herein which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Neither party has filed objections to the findings and recommendations.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed February 3, 2009, are adopted in full; and

2. This action is dismissed without prejudice with respect to defendant Muller.


Summaries of

Moore v. Hubbard

United States District Court, E.D. California
Mar 12, 2009
No. CIV S-06-2187 FCD EFB P (E.D. Cal. Mar. 12, 2009)

recommending that plaintiff's motion for summary judgment be denied as premature where "discovery has not yet begun, defendants have not yet filed an answer and the court has yet to issue a discovery and scheduling order"

Summary of this case from Dalke v. Clark

recommending the plaintiff's motion for summary judgment be denied as premature where "discovery has not yet begun, defendants have not yet filed an answer and the court has yet to issue a discovery and scheduling order"

Summary of this case from Vashisht-Rota v. Howell Mgmt. Servs.

recommending that plaintiff's motion for summary judgment be denied as premature where "discovery has not yet begun, defendants have not yet filed an answer and the court has yet to issue a discovery and scheduling order"

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recommending that plaintiff's motion for summary judgment be denied as premature where "discovery has not yet begun, defendants have not yet filed an answer and the court has yet to issue a discovery and scheduling order"

Summary of this case from Bradford v. Ogbuehi

recommending that plaintiff's motion for summary judgment be denied as premature where "discovery has not yet begun, defendants have not yet filed an answer and the court has yet to issue a discovery and scheduling order"

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recommending that pre-discovery motion for summary judgment be denied as premature

Summary of this case from Poslof v. Martel

recommending that pre-discovery motion for summary judgment be denied as premature

Summary of this case from Gordon v. Marquez

recommending the plaintiff's motion for summary judgment be denied as premature where "discovery has not yet begun, defendants have not yet filed an answer and the court has yet to issue a discovery and scheduling order"

Summary of this case from Mourning v. Gore

recommending that pre-discovery motion for summary judgment be denied as premature

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Case details for

Moore v. Hubbard

Case Details

Full title:DUANE REED MOORE, SR., Plaintiff, v. SUE HUBBARD, Warden, et al.…

Court:United States District Court, E.D. California

Date published: Mar 12, 2009

Citations

No. CIV S-06-2187 FCD EFB P (E.D. Cal. Mar. 12, 2009)

Citing Cases

Williams v. Chen

Thus, defendant has not had a meaningful opportunity to conduct discovery. See Moore v. Hubbard, 2009 WL…

Vashisht-Rota v. Howell Mgmt. Servs.

Gordon v. Marquez, No. 118CV01223DADSABPC, 2019 WL 1017323, at *1 (E.D. Cal. Mar. 4, 2019) (citing Fed. R.…