Garcia v. Curry et al

Filing 111

ORDER. Signed by Judge Charles R. Breyer on 7/9/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 7/11/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 JAMES G. GARCIA, K-26584, Plaintiff(s), 12 13 14 15 v. BEN CURRY, et al., Defendant(s). ) ) No. C 07-6262 CRB (PR) ) ) ORDER ) ) ) ) ) ) 16 17 The Ninth Circuit recently held that "Rand and Wyatt notices must be 18 served concurrently with motions to dismiss [for failure to exhaust administrative 19 remedies] and motions for summary judgment so that pro se prisoners will have 20 fair, timely and adequate notice of what is required of them in order to oppose 21 those motions." Woods v. Carey, Nos. 09-15548 & 09-16113, slip op. 7871, 22 7874 (9th Cir. July 6, 2012). Because it appears that a Rand notice was not 23 served concurrently with the pending motion for summary judgment in this case, 24 the court will provide said notice now: 25 Plaintiff is advised that a motion for summary judgment under Rule 56 of 26 the Federal Rules of Civil Procedure will, if granted, end your case. Rule 27 56 tells you what you must do in order to oppose a motion for summary 28 judgment. Generally, summary judgment must be granted when there is 1 no genuine issue of material fact – that is, if there is no real dispute about 2 any fact that would affect the result of your case, the party who asked for 3 summary judgment is entitled to judgment as a matter of law, which will 4 end your case. When a party you are suing makes a motion for summary 5 judgment that is properly supported by declarations (or other sworn 6 testimony), you cannot simply rely on what your complaint says. Instead, 7 you must set out specific facts in declarations, depositions, answers to 8 interrogatories, or authenticated documents, as provided in Rule 56(e), that 9 contradicts the facts shown in the defendant's declarations and documents 10 and show that there is a genuine issue of material fact for trial. If you do 11 not submit your own evidence in opposition, summary judgment, if 12 appropriate, may be entered against you. If summary judgment is granted, 13 your case will be dismissed and there will be no trial. Rand v. Rowland, 14 154 F.3d 952, 962-63 (9th Cir. 1998) (en banc) (App A). 15 Because plaintiff already has filed an opposition to the pending motion for 16 summary judgment in this case, he may file a supplemental opposition within 15 17 days of this order. Defendants shall file a supplemental reply to any 18 supplemental opposition within 7 days thereafter. 19 SO ORDERED. 20 DATED: July 9, 2012 CHARLES R. BREYER United States District Judge 21 22 23 24 25 26 G:\PRO-SE\CRB\CR.07\Garcia, J1.notice.wpd 27 28 2

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