Wagner v. Posner et al

Filing 134

ORDER signed by Magistrate Judge Kendall J. Newman on 09/17/12 ordering defendants' summary judgment motion contained notice to plaintiff of the requirements for opposing a motion for summary judgment 76 Defendants' notice substantially complied with the requirements set forth in Woods. For that reason, no further briefing order regarding defendants' summary judgment motion will be issued. (Plummer, 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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CLINTON WAGNER,

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Plaintiff,

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No. 2: 09-cv-3166 KJM KJN P

vs.
MOSS POSNER, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner, proceeding in forma pauperis and without counsel,

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with a civil rights action pursuant to 42 U.S.C. § 1983. On July 6, 2012, the court granted in part

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and denied in part defendants’ summary judgment motion.

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Recently the Ninth Circuit issued an order requiring that all prisoners proceeding

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without counsel must be provided contemporaneous notice of certain requirements for opposing

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a motion for summary judgment. Woods v. Carey, 684 F.3d 934 (9th Cir. 2012 ).

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Defendants’ summary judgment motion contained notice to plaintiff of the

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requirements for opposing a motion for summary judgment. (Dkt. No. 76.) Defendants’ notice

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substantially complied with the requirements set forth in Woods. For that reason, no further

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briefing order regarding defendants’ summary judgment motion will be issued.

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IT IS SO ORDERED.
DATED: September 17, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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wag3166.rand

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