(PC) Johnson v. California Department of Corrections

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARRELL EUGENE JOHNSON, No. 2:21-CV-2348-WBS-DMC-P Plaintiff, v. ORDER STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS

AND REHABILITATION, et al., Defendants. 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion for summary judgment, ECF No. 27, which has been filed before any defendant has answered the operative complaint. A motion for summary judgment or adjudication filed before an answer has been filed results in uncertainty as to which allegations are in dispute and which are not, making it impossible to evaluate which disputes might raise genuine issues of material fact. See Mohamed v. Jeppesen Dataplan, Inc., 579 F.3d 943, 961, n.9 (9th Cir. 2009); see also Vining v. Runyon, 99 F.3d 1056, 1058 (11th Cir. 1996) (“A premature decision on summary judgment impermissibly deprives the [defendants] of their…