Rodriguez v. Tilton, et al

Filing 132

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/1/12 ORDERING that because of counsels failure, the court issues the attached notice to discharge its responsibility of assuring that the prisoner receives fair notice. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS VALENZUELA RODRIGUEZ,

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Plaintiff,

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No. 2:08-CV-01028 GEB GGH

vs.
JAMES TILTON, et al.

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NOTICE PURSUANT TO

Defendants.

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WOODS v. CAREY, 684 F. 3d. 934 (9th Cir. 2012)
/

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Plaintiff is proceeding pro se in this civil action filed pursuant to 42 U.S.C. §

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1983. On October 23, 2012, defendant Dena Anthony, M.D., through counsel, filed a motion for

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summary judgment. See Doc. No. 127. Counsel, however, neglected to provide the notice to

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plaintiff mandated by the Court of Appeals for the Ninth Circuit. See Woods v. Carey, 684 F.3d

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934, 935 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc);

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Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988). Because of counsel’s failure, the court

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issues the attached notice to discharge its “responsibility of assuring that the prisoner receives

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fair notice.” Woods, 684 F.3d at 940.

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DATED: November 1, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
ggh:rb/rodr1028.rand

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Rand Notice to Plaintiff
This notice is provided to ensure that you, a pro se prisoner plaintiff, “have fair, timely
and adequate notice of what is required” to oppose a motion for summary judgment. See Woods
v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998).
The court requires that you be provided with this notice regarding the requirements for opposing
a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure.
When a defendant moves for summary judgment, the defendant is requesting that the
court grant judgment in defendant’s favor without a trial. If there is no real dispute about any
fact that would affect the result of your case, the defendant who asked for summary judgment is
entitled to judgment as a matter of law, which will end your case against that defendant. A
motion for summary judgment will set forth the facts that the defendant asserts are not
reasonably subject to dispute and that entitle the defendant to judgment.
To oppose a motion for summary judgment, you must show proof of your claims. To do
this, you may refer to specific statements made in your complaint if you signed your complaint
under penalty of perjury and if your complaint shows that you have personal knowledge of the
matters stated. You may also submit declarations setting forth the facts that you believe prove
your claims, as long as the person who signs the declaration has personal knowledge of the facts
stated. You may also submit all or part of deposition transcripts, answers to interrogatories,
admissions, and other authenticated documents. For each of the facts listed in the defendant’s
Statement of Undisputed Facts, you must admit the facts that are undisputed, and deny the facts
that are disputed. If you deny a fact, you must cite to the proof that you rely on to support your
denial. See L.R. 260(b). If you fail to contradict the defendant’s evidence with your own
evidence, the court may accept the defendant’s evidence as the truth and grant the motion.
The court will consider a request to postpone consideration of the defendant’s motion if
you submit a declaration showing that for a specific reason you cannot present such facts in your
opposition. If you do not respond to the motion, the court may consider your failure to act as a
waiver of your opposition. See L.R. 230(l).
If the court grants the defendant’s motion, whether opposed or unopposed, judgment will
be entered for that defendant without a trial and the case will be closed as to that defendant.