Giles

I. INTRODUCTION

18 Plaintiff Michael D. Giles, proceeding pro se, initiated this action against San Joaquin Valley 19 Rehabilitation Hospital, its parent company Vibra Healthcare, LLC, Mary Jo Jacobson, Connie Pierce, 20 and Kelly Rudolph (collectively, “Defendants”) by filing a complaint on May 6, 2021. (Doc. 1.) 21 Following this Court’s ruling granting Defendants’ motion to dismiss for failure to state a claim 22 (Doc. 36), Plaintiff filed a first amended complaint (Doc. 37). The operative complaint raises 23 claims of age and gender discrimination. (Doc. 37.) That same day, Plaintiff filed, inter alia, a 24 motion for summary judgment (Doc. 38) and a motion to appoint counsel (Doc. 40). No oppositions 25 to the two motions have been filed. (See Docket.) These motions were referred to the undersigned 26 for the preparation of findings and recommendations. (See Doc. 42.) 27 For the reasons set forth below, the undersigned recommends that Plaintiff’s motion for 28 summary judgment (Doc. 38) be DENIED without prejudice as premature, and Plaintiff’s motion for appointment of counsel (Doc. 40) be DENIED without prejudice. II. MOTION FOR SUMMARY…