Grabek v. Dickinson et al

Filing 51

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/12/2012 ORDERING that plaintiff will be provided 21 days to file an opposition with any evidentiary submissions to oppose defendant's motion for summary judgment. There will not be any extensions of time.(Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CHRISTOPHER GRABEK,
Plaintiff,

12
13

No. 2:10-cv-2892 WBS GGH P

vs.

14

KATHLEEN DICKINSON, Warden, et al.,

15

Defendants.
/

16
17

ORDER

Plaintiff is a prisoner proceeding pro se who seeks relief pursuant to 42 U.S.C.

18

§ 1983. Findings and recommendations are currently pending that defendants’ unopposed

19

motion for summary judgment should be granted. Plaintiff was previously informed of the

20

requirements to oppose summary judgment pursuant to Rand v. Rowland, 154 F.3d 952, 957

21

(9th Cir. 1998). Plaintiff’s opposition was sufficient and well reasoned, however, in light of

22

Woods v. Carey, --- F.3d ----, 2012 WL 2626912 (9th Cir. July 6, 2012), plaintiff will be

23

informed again.

24

Pursuant to Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc),

25

cert. denied, 527 U.S. 1035 (1999), and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988),

26

plaintiff is advised of the following requirements for opposing a motion for summary judgment
1

1

made by defendants pursuant to Rule 56 of the Federal Rules of Civil Procedure. Such a motion

2

is a request for an order for judgment in favor of defendants without trial. A defendant’s motion

3

for summary judgment will set forth the facts that the defendants contend are not reasonably

4

subject to dispute and that entitle the defendants to judgment. To oppose a motion for summary

5

judgment, plaintiff must show proof of his or her claims. Plaintiff may do this in one or more of

6

the following ways. Plaintiff may rely upon statements made under the penalty of perjury in the

7

complaint if the complaint shows that plaintiff has personal knowledge of the matters stated and

8

plaintiff calls to the court’s attention those parts of the complaint upon which plaintiff relies.

9

Plaintiff may serve and file one or more affidavits or declarations setting forth the facts that

10

plaintiff believes prove plaintiff’s claims; the person who signs an affidavit or declaration must

11

have personal knowledge of the facts stated. Plaintiff may rely upon written records, but

12

plaintiff must prove that the records are what plaintiff claims they are. Plaintiff may rely upon

13

all or any part of the transcript of one or more depositions, answers to interrogatories, or

14

admissions obtained in this proceeding. If plaintiff fails to contradict the defendants’ evidence

15

with counter-affidavits or other admissible evidence, the defendants’ evidence may be taken as

16

the truth and the defendants’ motion for summary judgment granted. If there is some good

17

reason why such facts are not available to plaintiff when required to oppose a motion for

18

summary judgment, the court will consider a request to postpone considering the defendants’

19

motion. If plaintiff does not serve and file a written opposition to the motion or a request to

20

postpone consideration of the motion, the court may consider the failure to act as a waiver of

21

opposition to the defendants’ motion. If the defendants’ motion for summary judgment, whether

22

opposed or unopposed, is granted, judgment will be entered for the defendants without a trial and

23

the case will be closed. A motion or opposition supported by unsigned affidavits or declarations

24

will be stricken.

25
26

Plaintiff will be provided 21 days to file an opposition to the motion for summary
judgment. No extension will be given.
2

1

Accordingly, IT IS HEREBY ORDERED that plaintiff will be provided 21 days

2

to file an opposition with any evidentiary submissions to oppose defendants’ motion for

3

summary judgment. There will not be any extension of time.

4

DATED: July 12, 2012

5
6

/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH: 009
grab2802.brf

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3