Perrotte v. Johnson et al

Filing 98

ORDER DENYING Defendants' 81 Motion for Summary Judgment, without Prejudice, for Failure to Provide RAND NOTICE; Fourteen Day Deadline signed by Magistrate Judge Stanley A. Boone on 10/11/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY P. PERROTTE,

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Plaintiff,

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v.
STACEY JOHNSON, et al.,

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Defendants.

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ORDER DENYING DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT, WITHOUT
PREJUDICE, FOR FAILURE TO PROVIDE
RAND NOTICE
[ECF Nos. 81, 82]
FOURTEEN DAY DEADLINE

pursuant to 42 U.S.C. § 1983.
Currently before the Court is Defendants’ motion for summary judgment, filed May 5, 2017.

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Case No.: 1:15-cv-00026-LJO-SAB (PC)

Plaintiff Jeffrey P. Perrotte is appearing pro se and in forma pauperis in this civil rights action

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(ECF No. 81.)

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In Woods v. Carey, 684 F.3d 934, 939 (9th Cir. 2012), the Ninth Circuit held that a pro se

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prisoner plaintiff must be provided with “fair notice” of the requirements for opposing a motion for

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summary judgment at the time the motion is brought. Review of the current motion shows that

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Defendants did not provide Plaintiff with a Rand notice upon the filing of the motion for summary

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judgment. See Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998). Since Defendants failed to provide

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Plaintiff with the required notice, this motion shall be dismissed without prejudice, subject to refiling

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with the appropriate notice to Plaintiff.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Defendants’ motion for summary judgment is DENIED WITHOUT PREJUDICE;

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2.

Defendants shall file their motion for summary judgment within fourteen (14) days of

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the date of entry of this order and shall provide Plaintiff with the appropriate Rand

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notice; and
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Plaintiff shall file his opposition to the motion for summary judgment within twentyone (21) days of the date of service of the motion.

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IT IS SO ORDERED.
Dated:

October 11, 2017
UNITED STATES MAGISTRATE JUDGE

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