Morgan v. CA Dept of Corrections and Rehabilitation, et al.,
Filing
42
ORDER signed by Magistrate Judge Kendall J. Newman on 6/7/11 VACATING without prejudice 27 Motion for Summary Judgment. (Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TYRONE MORGAN,
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Plaintiff,
vs.
JOHN W. HAVILAND, et al.,
Defendants.
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No. 2: 09-cv-2155 WBS KJN P
ORDER
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Plaintiff is a state prisoner proceeding without counsel, with an action brought
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pursuant to Title II of the Americans with Disabilities Act (“ADA”). Pending before the court is
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plaintiff’s motion for summary judgment filed February 4, 2011. For the following reasons, this
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motion is vacated without prejudice.
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Pursuant to the January 21, 2011 scheduling order, the pretrial motion cut-off date
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is August 5, 2011. The discovery cut-off date was May 13, 2011. At the present time,
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defendants’ motion to compel filed May 12, 2011 is pending. In addition, on May 17, 2011,
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plaintiff was granted twenty-one days to serve defendants with additional discovery requests.
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On May 12, 2011, the undersigned granted defendants until June 23, 2011 to file
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their opposition to plaintiff’s summary judgment motion. However, because it is unlikely that
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the pending discovery matters will be resolved before that date, plaintiff’s motion for summary
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judgment is vacated without prejudice on grounds that it is premature. Plaintiff may re-file his
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summary judgment motion when all outstanding discovery matters are concluded.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for summary
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judgment (Dkt. No. 27) is vacated without prejudice.
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DATED: June 7, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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mor2155.vac
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