Rhoden v. Department of State Hospitals et al
Filing
64
ORDER denying Defendants' Motion for Summary Judgment, without prejudice, to re-filing with proper Rand Notice 63 signed by Magistrate Judge Stanley A. Boone on 10/8/2019. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LAWTIS DONALD RHODEN,
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Plaintiff,
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v.
DEPARTMENT OF STATE HOSPITALS,
et al.,
Defendants.
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Case No.: 1:18-cv-00101-LJO-SAB (PC)
ORDER DENYING DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT, WITHOUT
PREJUDICE, TO RE-FILING WITH PROPER
RAND NOTICE
[ECF No. 63]
Plaintiff Lawtis Donald Rhoden is a civil detainee appearing pro se and in forma pauperis in
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this civil rights action pursuant to 42 U.S.C. § 1983.
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On October 7, 2019, Defendants filed a motion for summary judgment.
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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 Defendant Garcia’s motion shows
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that he 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). In particular, Defendants failed to
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advise Plaintiff of the contents of the applicable Eastern District of California Local Rule
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requirements, i.e., Local Rule 260. Rand, at 961. Accordingly, the Court must deny the entire motion,
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without prejudice, because the Rand notice is required to be filed simultaneously with the motion. Id.
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at 960.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Defendants’ motion for summary judgment (ECF No. 63) is DENIED WITHOUT
PREJUDICE;
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Defendants are granted an extension of time, shall file the motion for summary
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judgment within seven (7) days of the date of entry of this order, and shall provide
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Plaintiff with the appropriate Rand notice; and
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After the time for Defendants to file a properly noticed motion for summary judgment,
Plaintiff has thirty (30) days to file a response.
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IT IS SO ORDERED.
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Dated:
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October 8, 2019
UNITED STATES MAGISTRATE JUDGE
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