Ullery

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY DEWAYNE LEE TURNER, No. 2:22-cv-0002 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

MICHAEL ULLERY, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, with a civil rights complaint under 42 U.S.C. § 1983. On May 19, 2022, plaintiff filed a motion for summary judgment, which he signed on February 14, 2022. (ECF No. 22 at 8.) Plaintiff seeks summary judgment on the merits of his claims against defendants. However, plaintiff's motion is premature for two reasons. First, plaintiff’s motion was filed before defendants appeared in this action. Defendants filed their answer on May 31, 2022. (ECF No. 22.) Second, under Rule 56(d) of the Federal Rules of Civil Procedure, parties are entitled to conduct discovery. Gordon v. Marquez, 2019 WL 1017323, at *1 (E.D. Cal. Mar. 4, 2019). Although Rule 56 allows a party to file a motion for summary judgment “at any…