Martinez v. Allison et al

Filing 69

ORDER Regarding Motion for Summary Judgment 66 , signed by Chief Judge Ralph R. Beistline on 12/16/14. Reponse Due Within Twenty-One Days. (Gonzalez, R)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RONALD F. MARTINEZ,
Case No. 1:11-cv-001749-RRB
Plaintiff,
ORDER REGARDING MOTION
SUMMARY JUDGMENT

vs.
KATHLEEN ALLISON, Warden, et al.,
Defendants.

Defendant J. Davis filed a motion for summary judgment on December 15, 2014.
Plaintiff is proceeding pro se in this civil action. The Court hereby notifies Plaintiff of the
following rights and requirements for opposing the motion:1
1.

Unless otherwise ordered, all motions and oppositions must be briefed pursuant

to Local Rule 230(l).
2.

Plaintiff is required to file an opposition or a statement of non-opposition to

Defendant’s motion for summary judgment.2 The opposition or statement of non-opposition
must be filed not more than twenty-one (21) days after the date of service of the motion.3

1

See Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Wyatt v. Terhune, 315 F.3d
1108 (9th Cir. 2003).
2
3

Local Rule 230(l).
Id.

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Martinez v. Allison 1:11-cv-01749-RRB

3.

In responding to Defendant’s motion for summary judgment, Plaintiff may not

simply rely on allegations in the complaint.
(a)

Plaintiff must oppose the motion by setting forth specific facts in

declaration(s) and/or by submitting other evidence regarding the issue(s) raised in the
motion,4 e.g., all or part of deposition transcripts, answers to interrogatories,
admissions, or any other properly authenticated document.
(b)

Defendant has served and filed a Statement of Undisputed Facts.

Plaintiff must either (1) admit the facts are undisputed; or (2) deny the specific fact and
cite the evidence relied upon to support the denial.5
If Plaintiff does not submit evidence in opposition to the motion, the Court may accept
Defendant’s facts as true, and may, but need not, conclude that Plaintiff is not entitled to the
relief requested in the complaint and dismiss the complaint.6
4.

The Court will consider a request to postpone consideration of Defendant’s

motion if Plaintiff serves and files a declaration affirmatively showing:
(a)

the specific fact(s) that Plaintiff believes exist; and

(b)

specifically why Plaintiff cannot present the fact(s) in opposition to the

motion.

4

See Fed. R. Civ. P. 43(c).

5

Fed. R. Civ. P. 56(c); see Local Rule 260(b).

6

Fed. R. Civ. P. 56(e); see Local Rule 230(I).

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5.

Unsigned declarations will be disregarded, and declarations not signed under

penalty of perjury have no evidentiary value.
6.

If the Court grant’s Defendant’s motion, whether opposed or unopposed,

judgment will be entered in favor of Defendant without a trial and the case closed.
7.

The failure to comply with this order, the Federal Rules of Civil Procedure, or

the Local Rules of the Eastern District of California may result in the imposition of sanctions
including but not limited to dismissal of the action or entry of default.
IT IS SO ORDERED this 16th day of December, 2014.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

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Martinez v. Allison 1:11-cv-01749-RRB