Turner v. Graff et al
Filing
92
ORDER. Signed by Judge Charles R. Breyer on 79/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 7/11/2012)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
ANTHONY DAWAYNE LEE TURNER,
Plaintiff(s),
10
11
12
13
v.
TOM GRAFF, et al.,
Defendant(s).
)
)
)
)
)
)
)
)
)
)
No. C 10-5709 CRB (PR)
ORDER
14
15
The Ninth Circuit recently held that "Rand and Wyatt notices must be
16
served concurrently with motions to dismiss [for failure to exhaust available
17
administrative remedies] and motions for summary judgment so that pro se
18
prisoners will have fair, timely and adequate notice of what is required of them in
19
order to oppose those motions." Woods v. Carey, Nos. 09-15548 & 09-16113,
20
slip op. 7871, 7874 (9th Cir. July 6, 2012). Because it appears that a Rand notice
21
was not served concurrently with the pending motions for summary judgment in
22
this case, the court will provide said notice now:
23
Plaintiff is advised that a motion for summary judgment under Rule 56 of
24
the Federal Rules of Civil Procedure will, if granted, end your case. Rule
25
56 tells you what you must do in order to oppose a motion for summary
26
judgment. Generally, summary judgment must be granted when there is
27
no genuine issue of material fact – that is, if there is no real dispute about
28
any fact that would affect the result of your case, the party who asked for
1
summary judgment is entitled to judgment as a matter of law, which will
2
end your case. When a party you are suing makes a motion for summary
3
judgment that is properly supported by declarations (or other sworn
4
testimony), you cannot simply rely on what your complaint says. Instead,
5
you must set out specific facts in declarations, depositions, answers to
6
interrogatories, or authenticated documents, as provided in Rule 56(e), that
7
contradicts the facts shown in the defendant's declarations and documents
8
and show that there is a genuine issue of material fact for trial. If you do
9
not submit your own evidence in opposition, summary judgment, if
10
appropriate, may be entered against you. If summary judgment is granted,
11
your case will be dismissed and there will be no trial. Rand v. Rowland,
12
154 F.3d 952, 962-63 (9th Cir. 1998) (en banc) (App A).
13
Because plaintiff already has filed an opposition to at least one of the pending
14
motions for summary judgment in this case, he may file a supplemental
15
opposition within 15 days of this order. Defendants shall file a supplemental
16
reply to any supplemental opposition within 7 days thereafter.
17
SO ORDERED.
18
DATED: July 9, 2012
CHARLES R. BREYER
United States District Judge
19
20
21
22
23
24
25
26
G:\PRO-SE\CRB\CR.10\Turner, A1.notice.wpd
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?