Brown v. Robles et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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QUINCY BROWN,
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Plaintiff,
v.
R. ROBLES, et al.,
Defendants.
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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.
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On March 5, 2018, Defendants filed a motion for summary judgment. (ECF No. 17.)
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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). Defendants have failed to provide
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Plaintiff with the proper required Rand notice. In particular, Defendants failed to file a separate form
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notice of all the Rand requirements independent of the summary judgment motion or papers filed in
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support thereof. Rand, 154 F.3d at 960. In addition, Defendants failed to advise Plaintiff of the
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contents of any applicable Eastern District of California Local Rule requirements, i.e. Local Rule 260.
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Id. at 961.
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Accordingly, IT IS HEREBY ORDERED that:
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Defendants’ motion for summary judgment is DENIED WITHOUT PREJUDICE; and
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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.
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IT IS SO ORDERED.
Dated:
March 22, 2018
UNITED STATES MAGISTRATE JUDGE
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