Curry v. California Department of Correction and Rehabilitation et al

Filing 67

ORDER Providing Rand Summary Judgment Notice. Signed by Judge Edward M. Chen on 7/9/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 7/9/2012)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

TERRELL D. CURRY,

9

Plaintiff,

11
For the Northern District of California

United States District Court

10

No. C-09-3408 EMC (pr)
ORDER PROVIDING RAND SUMMARY
JUDGMENT NOTICE

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,

12
13

Defendants.
___________________________________/

14
15

A recent decision from the Ninth Circuit requires that pro se prisoner-plaintiffs be given

16

"notice of what is required of them in order to oppose" summary judgment motions at the time of

17

filing of the motions, rather than when the Court orders service of process or otherwise before the

18

motions are filed. Woods v. Carey, No. 09-15548, slip op. 7871, 7874 (9th Cir. July 6, 2012).

19

Accordingly, the Court now provides the following notice to Plaintiff for his information in

20

connection with the Defendants' pending motion for summary judgment:

21
22

The defendants have made a motion for summary judgment by which
they seek to have your case dismissed. A motion for summary
judgment under Rule 56 of the Federal Rules of Civil Procedure will,
if granted, end your case.

23
24
25
26
27
28

Rule 56 tells you what you must do in order to oppose a
motion for summary judgment. Generally, summary judgment must
be granted when there is no genuine issue of material fact -- that is, if
there is no real dispute about any fact that would affect the result of
your case, the party who asked for summary judgment is entitled to
judgment as a matter of law, which will end your case. When a party
you are suing makes a motion for summary judgment that is properly
supported by declarations (or other sworn testimony), you cannot
simply rely on what your complaint says. Instead, you must set out
specific facts in declarations, depositions, answers to interrogatories,

1
2
3

or authenticated documents, as provided in Rule 56(e), that contradict
the facts shown in the defendants' declarations and documents and
show that there is a genuine issue of material fact for trial. If you do
not submit your own evidence in opposition, summary judgment, if
appropriate, may be entered against you. If summary judgment is
granted, your case will be dismissed and there will be no trial.

4
5
6

Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998).
As Plaintiff's opposition deadline for the pending motion for summary judgment is August

7

10, 2012, Plaintiff has ample time to prepare his opposition taking into account this Rand summary

8

judgment notice (which repeats the Rand summary judgment notice provided in the March 9, 2011

9

Order, p. 7). No adjustment of the briefing schedule is necessary.

11
For the Northern District of California

United States District Court

10
IT IS SO ORDERED.

12
13

Dated: July 9, 2012

14
_________________________
EDWARD M. CHEN
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28

2