REPORT AND RECOMMENDATION

CHARLES J. KAHN, Jr., Magistrate Judge.

Plaintiff, proceeding pro se, has filed a motion for summary judgment. (Doc. 13). Rule 56 of the Federal Rules of Civil Procedure provides that "[a] party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law."

Plaintiff's motion for summary judgment should be denied without prejudice. First, the factual assertions on which the motion relies are not entirely supported by the evidence submitted by plaintiff. See (Docs. 10, 13, 14); Fed. R. Civ. P. 56(c)(1)(A) ("A party asserting that a fact cannot be or is genuinely disputed must support the assertion by citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials[.]"). Second, the parties have not had the opportunity to conduct discovery.* Thus, the motion should be denied without prejudice.

Accordingly, it is respectfully RECOMMENDED:

1. That plaintiff's Motion for Summary Judgment (doc. 13) be DENIED WITHOUT PREJUDICE.

2. That defendants' Motion for Enlargement of Time to Respond to Plaintiff's Motion for Summary Judgment (doc. 15) be DENIED AS MOOT.