5:24-cv-01308•Proctor v. Stitt et al
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ERIC PROCTOR, ) ) Plaintiff, ) ) v. ) Case No. CIV-24-1308-G ) KEVIN STITT et al., ) ) Defendant. ) REPORT AND RECOMMENDATION Plaintiff Eric Proctor, a state prisoner appearing pro se and in forma pauperis, seeks relief under 42 U.S.C. § 1983. Docs. 1 & 13.1 United States District Judge Charles Goodwin referred this matter to the undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B), (C). Doc. 5. Before the Court is Plaintiff’s Motion for Summary Judgment and Injunctive Relief, Doc. 19. The undersigned recommends the Court deny Plaintiff’s motion for summary judgment and injunctive relief without prejudice. 1 Citations to a court document are to its electronic case filing designation and pagination. Except for capitalization, quotations are verbatim unless otherwise indicated. Case 5:24-cv-01308-G Document 21 Filed 03/18/26 Page 1 of 3
2 I. Legal standards. Plaintiff has moved for summary judgment pursuant to Federal Rule of Civil Procedure 56. Id. at 3. “Rule 56(e) provides that, when a properly supported motion for summary judgment is made, the adverse party ‘must set forth specific facts showing that there is a genuine issue for trial.’” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986) (quoting Fed. R. Civ. P. 56(e)). So, “‘[s]ummary judgment should be refused where the nonmoving party has not had the opportunity to discover information that is essential to his opposition.’” Cerveny v. Aventis, Inc., 855 F.3d 1091, 1110 (quoting Anderson, 477 U.S. at 250 n. 5). Here, there is no “adverse party” to respond to Plaintiff’s motion for summary judgment as no Defendants have entered an appearance and had the opportunity to conduct discovery. Additionally, there is a pending Report and Recommendation, Doc. 16, recommending dismissal of several of Plaintiff’s claims and requests for relief. In other words, Plaintiff’s motion for summary judgment is premature. Likewise, “[t]he Court may issue a preliminary injunction only on notice to the adverse party,” so Plaintiff’s request for injunctive relief is also premature. Fed. R. Civ. P. 65(a)(1). Because Plaintiff’s motion for summary judgment and injunctive relief is premature, the undersigned recommends that the Court deny his motion without prejudice. Case 5:24-cv-01308-G Document 21 Filed 03/18/26 Page 2 of 3
3 II. Recommendation and notice of right to object. For these stated reasons, the undersigned recommends the Court deny Plaintiff’s motion for summary judgment without prejudice. The undersigned advises Plaintiff of his right to file an objection to this Report and Recommendation with the Clerk of Court on or before April 8, 2026, under 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b)(2). The undersigned further advises Plaintiff that failure to file a timely objection to this Report and Recommendation waives his right to appellate review of both factual and legal issues contained herein. See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). This Report and Recommendation does not dispose of all issues and does not terminate the referral to the undersigned Magistrate Judge in the captioned matter. ENTERED this 18th day of March, 2026. Case 5:24-cv-01308-G Document 21 Filed 03/18/26 Page 3 of 3
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