(PC) Calvin L. Sharp Jr v. Kathleen Allison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CALVIN L. SHARP, JR., Case No. 1:21-cv-00099-HBK Plaintiff, ORDER DENYING PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT
v. (Doc. No. 15) KATHLEEN ALLISON, Secretary of the CDCR and STUART SHERMAN, Warden of CSATF,
Defendants. 17 Calvin L. Sharp, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. (Doc. Nos. 1, 9). Pending is Plaintiff’s motion for summary judgment filed on May 3, 2021. (Doc No. 15). This same day, the Court granted Plaintiff’s construed motion to file an amended complaint. Thus, the operative pleading has not yet been screened pursuant to 28 U.S.C. § 1915A and Defendants have therefore not been served. (See docket). Until this matter is screened and the Court determines Plaintiff’s claims are cognizable, Defendants are not required to file an answer or other responsive pleading. Although Federal Rule of Civil Procedure 56…