Allred v. California Department of Corrections & Rehabilitation et al

Filing 47

ORDER DENYING 46 Defendants' Motion for Summary Judgment, Without Prejudice, for Failure to Provide the Proper Rand Notice signed by Magistrate Judge Stanley A. Boone on 11/6/2018. Motion for Summary Judgment due within fourteen (14) days. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16

)
)
Plaintiff,
)
)
v.
)
)
CALIFORNIA DEPARTMENT OF
)
CORRECTIONS AND REHABILITATION,
)
et al.,
)
Defendants.
)
JESSE D. ALLRED,

17
18

Case No.: 1:16-cv-01571-LJO-SAB (PC)
ORDER DENYING DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT, WITHOUT
PREJUDICE, FOR FAILURE TO PROVIDE THE
PROPER RAND NOTICE
[ECF No. 46]

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

19

On August 6, 2018, Defendants filed a motion for summary judgment. (ECF No. 42.)

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 the proper Rand notice. See Rand v. Rowland, 154 F.3d 952

24

(9th Cir. 1998). In particular, Defendants failed to advise Plaintiff of the contents of any applicable

25

Eastern District of California Local Rule requirements, i.e., Local Rule 260; Rand, 154 F.3d 961.

26

///

27

///

28
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

Defendants’ motion for summary judgment (ECF No. 46) is DENIED WITHOUT
PREJUDICE; and

3
2.

4

Defendants are granted an extension of time, shall file their motion for summary

5

judgment within fourteen (14) days of the date of entry of this order, and shall provide

6

Plaintiff with the appropriate Rand notice.

7
8

IT IS SO ORDERED.

9

Dated:

10

November 6, 2018
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2