Thorns v. Shannon et al

Filing 29

ORDER signed by Magistrate Judge Dale A. Drozd on 09/19/12 ordering plaintiff is granted 30 days from the date of this order in which to file and serve a supplemental opposition to defendants' 06/11/12 motion for summary judgment, or in the alternative, plaintiff shall file a notice informing the court that he does not intend to file any supplemental opposition. Defendants may file a supplemental reply not later than 14 days after service of any supplemental opposition. (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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BRUCE THORNS,

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Plaintiff,

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No. 2:11-cv-01826-MCE-DAD P

vs.
S. SHANNON, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. On June 11, 2012, defendants filed a motion for summary judgment in this

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action pursuant to Federal Rule of Civil Procedure 56. On August 13, 2012, plaintiff filed an

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opposition to the motion for summary judgment, and on September 18, 2012, defendants filed

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their reply1.

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Pursuant to Woods v. Carey, 684 F.3d 934 (9th Cir. 2012), Rand v. Rowland, 154

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F.3d 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir.

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1988), the court hereby once again informs plaintiff of the following requirements for opposing a

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On August 23, 2012, the court granted defendants’ request for a thirty-day extension of
time to file their reply. (Doc. No. 27.)
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motion for summary judgment pursuant to Fed. R. Civ. P. 56.2 Plaintiff is advised that such a

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

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defendant’s motion for summary judgment will set forth the facts that the defendant contends are

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not reasonably subject to dispute and that entitle the defendant to judgment. To oppose a motion

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

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one or more of the following ways. Plaintiff may rely on plaintiff’s statements made under

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penalty of perjury in the complaint if the complaint shows that plaintiff has personal knowledge

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of the matters stated and plaintiff specifies those parts of the complaint on which plaintiff relies.

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

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

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

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must prove that the records are what plaintiff asserts they are. Plaintiff may rely on all or any

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

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obtained in this proceeding. If plaintiff fails to contradict the defendant’s evidence with

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counteraffidavits or other admissible evidence, the court may accept defendant’s evidence as true

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and grant the motion. If there is some good reason why such facts are not available to plaintiff

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when required to oppose a motion for summary judgment, the court will consider a request to

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postpone consideration of the defendant’s motion. See Fed. R. Civ. P. 56(d). If plaintiff does

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not serve and file a written opposition to the motion, or a request to postpone consideration of the

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motion, the court may consider the failure to act as a waiver of opposition to the defendant’s

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motion. See L.R. 230(l). If the court grants the motion for summary judgment, whether opposed

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or unopposed, judgment will be entered for the defendant without a trial and the case will be

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closed as to that defendant.

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Plaintiff was informed of these requirements in an order filed August 22, 2011. (Doc.
No. 9 at 4.)
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted thirty days from the date of this order in which to file and

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serve a supplemental opposition to defendants’ June 11, 2012 motion for summary judgment, or

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in the alternative, plaintiff shall file a notice informing the court that he does not intend to file

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any supplemental opposition; and

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2. Defendants may file a supplemental reply not later than fourteen days after

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service of any supplemental opposition.

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DATED: September 19, 2012.

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DAD:4
thor1826.woods

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