Hasan v. Johnson

Filing 65

ORDER directing clerk to serve Rand Notice re 22 Order and granting Plaintiff leave to file supplemental opposition to defendants motion for summary jugment signed by Magistrate Judge Gary S. Austin on 7/20/2012. ( Filing Deadline: 8/23/2012.)(Lundstrom, T)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 JAWAD HASAN, ) ) Plaintiff, ) ) v. ) ) B. JOHNSON, ) ) Defendant. ) ____________________________________) 1:08-cv-00381 GSA PC ORDER DIRECTING CLERK TO SERVE RAND NOTICE UPON PLAINTIFF ORDER GRANTING PLAINTIFF LEAVE TO FILE SUPPLEMENTAL OPPOSITION TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMEMT 16 17 18 Plaintiff is a state prisoner proceeding pro se in this civil rights action. Pending before 19 the Court is Defendant’s motion for summary judgment. Plaintiff has opposed the motion. 20 In their reply to Plaintiff’s opposition, Defendants not that Plaintiff has failed to comply 21 with Local Rule 260(b). Plaintiff has filed a request to continue the motion until such time as he 22 can get a copy of the Local Rules, which he has attempted to do. The Court will not provide 23 Plaintiff with a complete set of Local Rules. The Court will, however, send to Plaintiff a copy of 24 the relevant Local Rule regarding motions for summary judgment. 25 The Court will also re-serve Plaintiff with the notice required by Rand v. Rowland, 154 26 F.3d 952 (9th Cir. 1998), advising Plaintiff of his rights and responsibilities to oppose a motion 27 to dismiss such as that filed by Defendants in this action. At this juncture, Plaintiff shall be 28 1 provided with another copy of the Order/Notice. Woods v. Carey, No. 09-15548, 09-16113, 2 2012 WL 2626912 (9th Cir. Jul. 6, 2012). Plaintiff is advised to immediately review the 3 Order/Notice in its entirety for information pertaining to his supplemental opposition to 4 Defendant’s pending motion for summary judgment. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The Clerk shall serve another copy of the Second Informational Order and Summary 7 Judgment Notice (ECF No. 22) upon Plaintiff, for his review. 8 2. The Clerk shall send to Plaintiff a copy of Local Rule 260. 9 3. Plaintiff is granted thirty days from the date of service of this order in which to file any 10 supplemental opposition to Defendant’s motion for summary judgment. Defendant’s reply, if 11 any, is due seven days after the date of filing of the supplemental opposition. 12 13 14 15 IT IS SO ORDERED. 16 Dated: 6i0kij July 20, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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