Teragawa

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KIRELL TAYLOR, No. 2:21-cv-1330 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS S. TERAGAWA, Defendant. 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 April 1, 2022, plaintiff filed a motion for summary judgment, which he signed on March 26, 2022, and presented to prison staff for mailing on March 28, 2022. (ECF No. 29 at 4, 5.) Plaintiff seeks summary judgment on the merits of his claims against defendant. However, because plaintiff’s motion is premature, it should be denied without prejudice. 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 time,” the rule also allows the court, as is just, to deny the motion or order a…