Smith v. State of California et al

Filing 38

ORDER, Set Deadlines as to 25 MOTION for Summary Judgment . Responses due by 7/27/2012. Replies due by 8/3/2012.. Signed by Judge Charles R. Breyer on 7/9/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 7/9/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ROBERT P. SMITH III, D-00615,
Plaintiff(s),

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vs.
STATE OF CALIFORNIA, et al.,
Defendant(s).

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No. C 10-2959 CRB (PR)
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 available

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administrative remedies] and motions for summary judgment so that pro se

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prisoners will have fair, timely and adequate notice of what is required of them in

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order to oppose those motions." Woods v. Carey, Nos. 09-15548 & 09-16113,

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slip op. 7871, 7874 (9th Cir. July 6, 2012). Because it appears that a Rand notice

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was not served concurrently with the pending motion for summary judgment in

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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

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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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Plaintiff may file an opposition to the pending motion for summary judgment by

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no later than July 27, 2012, and defendants shall file a reply to any opposition

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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.10\Smith, R1.notice.wpd

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