In re: Drew Smith

Background

Drew Smith, who represented himself and proceeded without paying the filing fee, filed a motion for summary judgment. The opinion does not describe the underlying claims or identify the opposing party.

Court’s Analysis

Because Smith was proceeding without paying the filing fee, the action was subject to screening under 28 U.S.C. § 1915. That statute requires the court to review such civil actions before summonses are issued and determine whether the action must be dismissed as frivolous or malicious, for failure to state a claim, or because it seeks monetary relief from an immune defendant.

The court explained that Smith could not properly seek summary judgment before the opposing party had been served with a summons and the initial pleading. Screening and service had not yet occurred, so the court found the motion premature and inappropriate to decide at that stage.

Ruling

The court denied Smith’s motion for summary judgment without prejudice to filing another such motion if the action proceeds after the required screening and service. The Clerk of Court was directed to terminate ECF 4. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.