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