Green v. California Department of Corrections and Rehabilitation et al

Filing 44

ORDER PROVIDING PLAINTIFF NOTICE AND WARNING. Signed by Judge William Alsup on 7/9/12. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 7/10/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CHANNING GREEN,

No. C 10-5721 WHA (PR)

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ORDER PROVIDING PLAINTIFF
NOTICE AND WARNING

v.
For the Northern District of California

United States District Court

Plaintiff,
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S. THOMPSON; SERGEANT
STOLTENBERG; SERGEANT M.
BLOISE; CAPTAIN DONAHUE;
LIEUTENANT GARY FULLER;
VINCENT S. CULLEN;
SERRITENO; CALIFORNIA STATE
PRISON, SAN QUENTIN,

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Defendants.
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Plaintiff, a California prisoner pro se, filed this civil rights action under 42 U.S.C. 1983.
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Defendants have filed a motion for summary judgment. Pursuant to Woods v. Carey, No. 0920
15548, slip op. 7871, 7884-85 (9th Cir. July 6, 2012), the following notices and warnings are
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provided to plaintiff for a second time.
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Plaintiff must read the following “NOTICE -- WARNING (SUMMARY
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JUDGMENT),” which is provided to him pursuant to Rand v. Rowland, 154 F.3d 952, 953-954
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(9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). To
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the extent defendants argue that plaintiff failed to exhaust his administrative remedies as
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required by 42 U.S.C. 1997e(a), plaintiff should also read the “NOTICE -- WARNING
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(EXHAUSTION)” which is provided to him pursuant to Wyatt v. Terhune, 315 F.3d 1108, 1120
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n. 4 (9th Cir. 2003):

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NOTICE -- WARNING

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(SUMMARY JUDGMENT)

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If defendants move for summary judgment, they are seeking to have your case

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dismissed. A motion for summary judgment under Rule 56 of the Federal Rules of Civil

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Procedure will, if granted, end your case.

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Rule 56 tells you what you must do in order to oppose a motion for summary judgment.

fact--that is, if there is no real dispute about any fact that would affect the result of your case,

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the party who asked for summary judgment is entitled to judgment as a matter of law, which

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will end your case. When a party you are suing makes a motion for summary judgment that is

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For the Northern District of California

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

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United States District Court

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

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

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answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that

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contradict the facts shown in the defendant's declarations and documents and show that there is

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a genuine issue of material fact for trial. If you do not submit your own evidence in opposition,

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summary judgment, if appropriate, may be entered against you. If summary judgment is

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granted, your case will be dismissed and there will be no trial.

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NOTICE -- WARNING

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(EXHAUSTION)

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If defendants file an unenumerated motion to dismiss for failure to exhaust, they are
seeking to have your case dismissed. If the motion is granted it will end your case.
You have the right to present any evidence you may have which tends to show that you

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did exhaust your administrative remedies. Such evidence may be in the form of declarations

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(statements signed under penalty of perjury) or authenticated documents, that is, documents

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accompanied by a declaration showing where they came from and why they are authentic, or

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other sworn papers, such as answers to interrogatories or depositions.

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If defendants file a motion to dismiss and it is granted, your case will be dismissed and
there will be no trial.
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IT IS SO ORDERED.

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Dated: July
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9 , 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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G:\PRO-SE\WHA\CR.10\GREEN5721.WOODSMSJ.wpd

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