Hernandez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, Case No. 1:19-cv-00616-SKO (PC)

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION

v. FOR SUMMARY JUDGMENT, WITHOUT

PREJUDICE, AS PREMATURE

J. HERNANDEZ,

Defendant. (Doc. No. 42)

16 Plaintiff Allen Hammler is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983 action. I. RELEVANT PROCEDURAL BACKGROUND On May 6, 2022, Plaintiff filed a Motion for Summary Judgment. (Doc. 42.) Defendant J. Hernandez filed an opposition on May 13, 2022. (Doc. 43.) Plaintiff did not file a reply. On October 12, 2022, the Court issued its Order Reassigning Case, following the consent of the parties, reassigning this action to the undersigned for all further proceedings, including trial and entry of judgment. (Doc. 55.) II. LEGAL STANDARDS Summary judgment is appropriate when it is demonstrated that there “is no genuine dispute…