(PC) Smith v. Municipality of Fresno County
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY PAUL SMITH, No. 2:21-cv-1992 DJC AC P Plaintiff, v. ORDER MUNICIPALITY OF FRESNO, et al., Defendants. 16 Plaintiff, a former state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Several motions are before the court: (1) defendants’ motion for summary judgment (ECF No. 135); (2) plaintiff’s letter (ECF No. 138) which requests leave to amend the complaint, the disqualification of judges, and summary judgment in plaintiff’s favor; and (3) a document which the court has construed to be plaintiff’s second “motion for summary judgment” (ECF No. 144). For the reasons explained below, the court will refrain from considering these matters until plaintiff files the previously ordered in forma pauperis application for a non-prisoner…