Sherman v. City of Davis
Filing
10
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/8/11 ORDERING Plaintiff's motion for summary judgment, filed September 27, 2011, is vacated without prejudice as premature. To the extent the motion can be construed as an opposition to the motion to dismiss, it will be so construed. (Matson, R)
<![CDATA[
1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE EASTERN DISTRICT OF CALIFORNIA
9
JOSEPH A. SHERMAN,
10
Plaintiff,
11
vs.
12
No. CIV S- 11-0820 JAM GGH PS
CITY OF DAVIS,
13
Defendant.
14
15
ORDER
/
Plaintiff, is proceeding in this action pro se and in forma pauperis pursuant to 28
16
U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302(21), pursuant to 28
17
U.S.C. § 636(b)(1).
18
Presently pending on this court’s law and motion calendar for November 17, 2011
19
is defendants’ motion to dismiss. On September 27, 2011, plaintiff filed a document entitled
20
“motion for summary judgment.” The motion has not been noticed for hearing. Plaintiff has not
21
filed an opposition to the motion to dismiss. Therefore, to the extent possible, the court will
22
construe plaintiff’s filing as an opposition to the motion to dismiss. To the extent that the motion
23
is one for summary judgment, it will be vacated without prejudice as premature, pending a ruling
24
on the motion to dismiss.
25
26
Good cause appearing, IT IS ORDERED that: Plaintiff's motion for summary
judgment, filed September 27, 2011, is vacated without prejudice as premature. To the extent the
1
1
motion can be construed as an opposition to the motion to dismiss, it will be so construed.
2
DATED: November 8, 2011
3
4
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:076/Sherman0820.msj.wpd
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
