Scally
Scally v. Flores
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TONY EUGENE SCALLY, Case No.: 22cv0182-DMS-MDD
Plaintiff,
ORDER DENYING AS MOOT
v. PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT
CORRECTIONAL OFFICERS A.
FLORES and E. VEGA, 15 [ECF No. 24] Defendants. 16 Plaintiff is a prisoner proceeding pro se and in forma pauperis with a First Amended Complaint pursuant to 42 U.S.C. § 1983. (ECF No. 7). Before the Court is Plaintiff’s Motion for Summary Judgment arguing that Defendants failed to timely respond to Plaintiff’s complaint by September 6, 2022. (ECF No. 24). On September 2, 2022, Defendants responded to Plaintiff’s complaint by filing a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (See ECF No. 20). Defendants are entitled to file a motion to dismiss pursuant to Rule 12(b) in lieu of an answer. See, e.g., Gabor v. Seligmann, 222 F. App’x 577, 579 (9th Cir. 2007). Accordingly, the Court IT IS SO ORDERED. Dated: September 13, 2022 …