(PC) Hammler v. Clark

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ALLEN HAMMLER, ) Case No.: 1:19-cv-00373-AWI-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATION v. ) RECOMMENDING PLAINTIFF’S MOTION FOR

SUMMARY JUDGMENT BE DENIED AS

CLARK, et.al., ) PREMATURE AND PROCEDURALLY ) DEFECTIVE Defendants. ) ) [ECF No. 49] ) ) )

Plaintiff Allen Hammler is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendants Gamboa, Peterson, Garza, Saucedo, Uhlik and Clark for violation of the First Amendment. Currently pending before the Court is Plaintiff’s motion for summary judgment, filed September 20, 2019 As an initial matter, Plaintiff’s motion is premature, as discovery has not yet begun, Defendants have not yet filed an answer and the Court has yet to issue a discovery and scheduling order. Thus, Defendants…