Cottrell v. Ogbuehi et al

Filing 77

ORDER DENYING 50 Defendants' Motion for Summary Judgment Without Prejudice for Failure to Provide Rand Notice, signed by Magistrate Judge Stanley A. Boone on 7/18/16. Fourteen Day Deadline. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DALE L. COTTRELL, 12 Plaintiff, 13 v. 14 FELIX IGBINOSA, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:13-cv-01530-LJO-SAB (PC) ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE FOR FAILURE TO PROVIDE RAND NOTICE (ECF Nos. 50, 64-66, 75, 76) FOURTEEN DAY DEADLINE 17 18 Plaintiff Dale L. Cottrell is appearing pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. Currently before the Court is Defendants’ motion for summary 20 judgment, filed September 10, 2015. (ECF No. 50.) 21 In Woods v. Carey, 684 F.3d 934, 939 (9th Cir. 2012), the Ninth Circuit held that a pro se 22 prisoner plaintiff must be provided with “fair notice” of the requirements for opposing a motion for 23 summary judgment at the time the motion is brought. Review of the current motion shows that 24 Defendants did not provide Plaintiff with a Rand notice upon the filing of the motion for summary 25 judgment. See Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998). Since Defendants failed to provide 26 Plaintiff with the required notice, this motion shall be dismissed without prejudice, subject to refiling 27 with the appropriate notice to Plaintiff. 28 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 2. 3 Defendants’ motion for summary judgment is DENIED WITHOUT PREJUDICE; Defendants shall file their motion for summary judgment within fourteen (14) days of 4 the date of entry of this order and shall provide Plaintiff with the appropriate Rand 5 notice; and 6 3. 7 Plaintiff shall file his opposition to the motion for summary judgment within twenty one (21) days of the date of service of the motion. 8 9 10 11 12 IT IS SO ORDERED. Dated: July 18, 2016 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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