Opinion
CAUSE NO. 1:17-cv-224-LG-RHW
06-20-2018
CHARLES MCGEE PLAINTIFF v. CENTURION MEDICAL SERVICES, et al. DEFENDANTS
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
This matter is before the Court on Plaintiff Charles McGee's Motion for Summary Judgment [24]. Having reviewed the record and applicable law, the Court finds that the Motion [24] should be denied.
McGee, a pro se prisoner, filed this Complaint [1] pursuant to 42 U.S.C. § 1983 concerning the conditions of confinement at the South Mississippi Correctional Facility, Leakesville, Mississippi. McGee's Motion [24] asserts that his claims against Defendants Reed, Turner, Ross, and Evans can be disposed by this Motion for Summary Judgment.
The Court is required to "review . . . a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity[,]" as McGee does here. See 28 U.S.C. § 1915A(a). The Court is further required to "identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915A(b). This case is currently being screened as provided in 28 U.S.C. § 1915A.
Because the screening process is not complete, Defendants have not been served with process. Therefore, Plaintiff's Motion for Summary Judgment is premature and should be denied. See, e.g., Verrette v. Ratliff, No. 08-3156, 2008 WL 4330197, at *1 (E.D. La. Sept. 16, 2008).
IT IS, THEREFORE, ORDERED AND ADJUDGED that Plaintiff McGee's Motion for Summary Judgment [24] is DENIED.
SO ORDERED AND ADJUDGED this the 20th day of June, 2018.
/s/_________
LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE