Michael Bruce Anthony McPherson v. California Department of Corrections & Rehabilitation, et al.

Summary

The United States Magistrate Judge recommends denying Plaintiff Michael Bruce Anthony McPherson’s motion for summary judgment as premature. The recommendation explains that the complaint has not yet been screened, no defendants have appeared, and discovery has not commenced, and provides a 14-day period for objections.

Holdings

1. A motion for summary judgment in a prisoner civil-rights action is premature when the court has not yet completed the mandatory screening of the complaint and has not authorized service on the defendants.
2. The court may deny a summary-judgment motion as premature when no defendant has appeared and the opposing parties have not had an opportunity to conduct discovery.

Questions Presented

1. Whether the plaintiff's motion for summary judgment should be denied as premature when the prisoner's complaint had not yet been screened or served.
2. Whether summary judgment should be denied as premature when no defendant had appeared and discovery had not commenced.

Disposition

other