Brown v. Robles et al

Filing 18

ORDER denying 17 Motion for Summary Judgment, without prejudice for failure to provide RAND NOTICE signed by Magistrate Judge Stanley A. Boone on 3/22/2018. 14-Day Filing Deadline. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

QUINCY BROWN,

12
13
14
15

Plaintiff,
v.
R. ROBLES, et al.,
Defendants.

16
17
18

)
)
)
)
)
)
)
)
)
)

Case No.: 1:16-cv-00751-SAB (PC)
ORDER DENYING DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT, WITHOUT
PREJUDICE, FOR FAILURE TO PROVIDE
RAND NOTICE
[ECF No. 17]
FOURTEEN DAY DEADLINE

Plaintiff Quincy Brown is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

19

On March 5, 2018, Defendants filed a motion for summary judgment. (ECF No. 17.)

20

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

21

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

22

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

23

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

24

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

25

Plaintiff with the proper required Rand notice. In particular, Defendants failed to file a separate form

26

notice of all the Rand requirements independent of the summary judgment motion or papers filed in

27

support thereof. Rand, 154 F.3d at 960. In addition, Defendants failed to advise Plaintiff of the

28
1

1

contents of any applicable Eastern District of California Local Rule requirements, i.e. Local Rule 260.

2

Id. at 961.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1.

Defendants’ motion for summary judgment is DENIED WITHOUT PREJUDICE; and

5

2.

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

6

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

7

notice.

8
9
10
11

IT IS SO ORDERED.
Dated:

March 22, 2018
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2