James v. Maguire et al

Filing 41

ORDER (Illston, Susan) (Filed on 7/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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DENNIS LAMAR JAMES,

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No. C 10-1795 SI (pr)

Plaintiff,

ORDER

v.
MAGUIRE CORRECTIONAL
FACILITY; et al.,
Defendants.
/

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The Ninth Circuit recently held that "Rand and Wyatt notices must be served concurrently

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with motions to dismiss 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 those motions."

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Woods v. Carey, Nos. 09-15548 & 09-16113, slip op. 7871, 7874 (9th Cir. July 6, 2012).

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Because it appears that a Rand notice was not served concurrently with the pending motion for

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summary judgment in this case, the court will provide said notice now:

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Plaintiff is advised that a motion for summary judgment under Rule 56 of the

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Federal Rules of Civil Procedure will, if granted, end your case. Rule 56 tells

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you what you must do in order to oppose a motion for summary judgment.

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Generally, summary judgment must be granted when there is no genuine issue

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of material fact – that is, if there is no real dispute about any fact that would

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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

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you are suing makes a motion for summary judgment that is properly supported

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by declarations (or other sworn testimony), you cannot simply rely on what your

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complaint says. Instead, you must set out specific facts in declarations,

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depositions, answers to interrogatories, or authenticated documents, as provided

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in Rule 56(e), that contradicts the facts shown in the defendant's declarations and

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documents and show that there is a genuine issue of material fact for trial. If

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you do 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, your

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United States District Court
For the Northern District of California

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case will be dismissed and there will be no trial. Rand v. Rowland, 154 F.3d

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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 summary judgment

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in this case, he may file a supplemental opposition within 15 days of this order. Defendants shall

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file a supplemental reply to any supplemental opposition within 7 days thereafter.

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IT IS SO ORDERED.

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Dated: July 10 , 2012
SUSAN ILLSTON
United States District Judge

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