Opinion
CIVIL ACTION NO. 08-1335, SECTION: E/4.
April 17, 2008
ORDER
On March 25, 2008, plaintiff Robert L. White filed a civil rights complaint against defendants, pursuant to 42 USC § 1983 challenging the conditions of his confinement. On that same day, he filed a motion for summary judgment, r.d. #5. Although summons was issued, also on March 25, 2008, there is no indication in the record that any defendants have been served, or that the issue is joined.
Accordingly;
IT IS ORDERED that plaintiff's motion for summary judgment (r.d. #5) be DISMISSED without prejudice as premature; and
IT IS FURTHER ORDERED that the referral to Magistrate Judge Roby remains in effect.