(PC) Taylor v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CODY RICHARD TAYLOR, No. 2:21-cv-2413 KJN P Plaintiff, v. ORDER JEFF LYNCH, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se, with an action brought under 42 U.S.C. § 1983. On January 6, 2023, the court issued its discovery and scheduling order. On February 15, 2023, plaintiff filed a motion for summary judgment. On March 10, 2023, defendants filed an opposition, objecting that plaintiff’s motion is premature because discovery is not yet completed, and seeking an order deferring consideration of plaintiff’s motion under Rule 56(d) of the Federal Rules of Civil Procedure. As discussed below, defendants’ motion is granted. A motion for summary judgment, unless ordered otherwise, may be filed at any time until 30 days after the close of all discovery. Fed. R. Civ. P. 56(b). But “[m]otions for summary judgment are frequently considered premature and denied when discovery has not been 26 …