Gray v. Johnson et al

Filing 314

NOTICE and WARNING of requirements for opposing Defendant Rebel's Motion for Summary Judgment 309 signed by Magistrate Judge Gary S. Austin on 3/5/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANA GRAY,

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1:13-cv-01473-DAD-GSA-PC

Plaintiff,

NOTICE AND WARNING OF
REQUIREMENTS FOR OPPOSING
DEFENDANT REBEL’S MOTION FOR
SUMMARY JUDGMENT

vs.
ROMERO, et al.,

(ECF No. 309.)

Defendants.

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Dana Gray (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with

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this civil rights action pursuant to 42 U.S.C. § 1983. This case was filed on September 12,

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2013. (ECF No. 1.) On February 12, 2018, Plaintiff filed the Sixth Amended Complaint,

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which awaits the court’s requisite screening under 28 U.S.C. § 1915A. (ECF No. 307.) On

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February 28, 2018, defendant Rebel filed a motion to dismiss, or in the alternative, for

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summary judgment. (ECF No. 309.)

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The Ninth Circuit has held that when a plaintiff is a prisoner proceeding pro se in a civil

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rights case, and a defendant files a motion for summary judgment the defendant, or the court, is

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required to provide plaintiff with a Notice and Warning informing plaintiff of his or her rights

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and responsibilities in opposing the motion for summary judgment. Woods v. Carey, 684 F.3d
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934 (9th Cir. 2012). Here, defendant Rebel has not provided Plaintiff with the Notice and

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Warning. Therefore, the Court shall, by this order, provide Plaintiff with the Notice and

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Warning.

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NOTICE AND WARNING OF REQUIREMENTS FOR OPPOSING
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

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RAND WARNING

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Defendant Rebel has made a motion for summary judgment by

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which he seeks to dispose of your case against him. A motion for summary

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judgment under Rule 56 of the Federal Rules of Civil Procedure will, if

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granted, end your case against defendant Rebel.

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Rule 56 tells you what you must do in order to oppose a motion for

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summary judgment. Generally, summary judgment must be granted when

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there is no genuine issue of material fact— that is, if there is no real dispute

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about any fact that would affect the result of your case, the party who asked

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for summary judgment is entitled to judgment as a matter of law, which

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will end your case.

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summary judgment that is properly supported by declarations (or other

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sworn testimony), you cannot simply rely on what your complaint says.

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Instead, you must set out specific facts in declarations, depositions, answers

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to interrogatories, or authenticated documents, as provided in Rule [56(c)], 1

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that contradict the facts shown in the defendant’s declarations and

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documents and show that there is a genuine issue of material fact for trial.

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If you do not submit your own evidence in opposition, summary judgment,

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if appropriate, may be entered against you.

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granted, your case against defendant Rebel will be closed and there will be

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no trial against him.

When a party you are suing makes a motion for

If summary judgment is

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The substance of Rule 56(e) from the 1998 version, when Rand was decided, has been
reorganized and renumbered with the current version of Rule 56(c).

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EASTERN DISTRICT OF CALIFORNIA LOCAL RULE
REQUIREMENTS

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In accordance with Local Rule 260(a), defendant Rebel has filed a

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Statement of Undisputed Facts that contains discrete, specific material facts

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to support his entitlement to summary judgment.

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Statement, Local Rule 260(b) requires you to “reproduce the itemized facts

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in the Statement of Undisputed Facts and admit those facts that are

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undisputed and deny those that are disputed, including with each denial a

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citation to the particular portions of any pleading, affidavit, deposition,

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interrogatory answer, admission, or other document relied upon in support

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of that denial.” You may also “file a concise Statement of Disputed Facts,

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and the source thereof in the record, of all additional material facts as to

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which there is a genuine issue precluding summary judgment or

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adjudication.” Id. You are responsible for filing all evidentiary documents

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cited in the opposing papers. Id. If additional discovery is needed to

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oppose summary judgment, Local Rule 260(b) requires you to “provide a

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specification of the particular facts on which discovery is to be had or the

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issues on which discovery is necessary.” See also Fed. R. Civ. P. 56(d).

In response to this

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IT IS SO ORDERED.
Dated:

March 5, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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