Jones v. David, et al

Filing 78

ORDER and Rand Notice signed by Magistrate Judge Carolyn K. Delaney on 12/18/12. (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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MALIK JONES,

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Plaintiff,

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vs.

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No. 2:09-cv-3174 MCE CKD P

A. DAVID, et al.,

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Defendants.

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NOTICE
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Pursuant to the Ninth Circuit’s recent decision in Woods v. Carey, 684 F.3d 934

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(9th Cir. 2012), the court hereby reminds plaintiff of the following requirements for opposing the

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motion for summary judgment filed by defendants on November 30, 2012. (Dkt. No. 76.)1

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Rand Notice to Plaintiff

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This notice is provided to ensure that you, a pro se prisoner plaintiff, “have fair,

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timely and adequate notice of what is required” to oppose a motion for summary judgment. See

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Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998). The court requires that you be provided

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with this notice regarding the requirements for opposing a motion for summary judgment under

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Plaintiff was advised of these requirements on September 8, 2010 (Dkt. No. 19), and
defendants have also included a version of Rand notice in their motion for summary judgment
(Dkt. No. 76 at 2).
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Rule 56 of the Federal Rules of Civil Procedure.

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When a defendant moves for summary judgment, the defendant is requesting that

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the court grant judgment in defendant’s favor without a trial. If there is no real dispute about any

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fact that would affect the result of your case, the defendant who asked for summary judgment is

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entitled to judgment as a matter of law, which will end your case against that defendant. A

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motion for summary judgment will set forth the facts that the defendant asserts are not

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reasonably subject to dispute and that entitle the defendant to judgment.

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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

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complaint under penalty of perjury and if your complaint shows that you have personal

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knowledge of the matters stated. You may also submit declarations setting forth the facts that

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you believe prove your claims, as long as the person who signs the declaration has personal

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knowledge of the facts stated. You may also submit all or part of deposition transcripts, answers

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to interrogatories, admissions, and other authenticated documents. For each of the facts listed in

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the defendant’s Statement of Undisputed Facts, you must admit the facts that are undisputed, and

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deny the facts that are disputed. If you deny a fact, you must cite to the proof that you rely on to

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support your denial. See L.R. 260(b). If you fail to contradict the defendant’s evidence with

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your own evidence, the court may accept the defendant’s evidence as the truth and grant the

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motion.

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The court will consider a request to postpone consideration of the defendant’s

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motion if you submit a declaration showing that for a specific reason you cannot present such

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facts in your opposition. If you do not respond to the motion, the court may consider your failure

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to act as a waiver of your opposition. See L.R. 230(l).

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If the court grants the defendant’s motion, whether opposed or unopposed,

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judgment will be entered for that defendant without a trial and the case will be closed as to that

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defendant.
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Having received the required Rand notice, if plaintiff requires additional time to
oppose defendants’ motion for summary judgment, he may so request.
Dated: December 18, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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jone3174.not

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