King

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOSHUA JASON DALKE, ) Case No.: 1:20-cv-00534-AWI-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATION v. ) RECOMMENDING PLAINTIFF’S MOTION FOR

SUMMARY JUDGMENT BE DENIED,

KING CLARK, et al., ) WITHOUT PREJUDICE ) ) (ECF No. 47) Defendants. ) ) ) 12 ) 13 Plaintiff Joshua Jason Dalke is proceeding pro se and in forma pauperis in this civil rights 14 action pursuant to 42 U.S.C. § 1983. 15 On December 22, 2020, Plaintiff filed a motion for summary judgment. (ECF No. 47.) For the 16 reasons explained below, Plaintiff’s motion should be denied because it is premature. 17 “Although [Federal Rule of Civil Procedure 56] allows a motion for summary judgment to be 18 filed at the commencement of an action, in many cases the motion will be premature until the 19 nonmovant has had time to file a responsive pleading or other pretrial proceedings have been had.” 20 Fed. R. Civ. P. 56, Advisory Committee’s Notes (2010…