Lua v. Adams
ORDER denying 31 MOTION for Entry of Default filed by Hugo Lua,denying without prejudice 29 MOTION for Summary Judgment filed by Nancy Adams. Signed by Judge Charles R. Breyer on 4/15/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 4/15/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
HUGO LUA, P-48040,
NANCY ADAM, M.D.,
No. C 12-1793 CRB (PR)
(Docket # 29 & 31)
On March 28, 2013, defendant filed a motion for summary judgment and
served a copy on plaintiff, a pro se prisoner incarcerated at Pelican Bay State
Prison (PBSP). The motion (docket # 29) is DENIED without prejudice because
it is not accompanied by a Rand notice so that plaintiff will have fair, timely and
adequate notice of what is required of him in order to oppose the motion. See
Woods v. Carey, 684 F.3d 934, 935 (9th Cir. 2012) (notice requirement set out in
Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998), must be served concurrently
with motion for summary judgment). Within seven days of this order, defendant
shall re-notice the motion for summary judgment and serve a copy of the re-
notice and the requisite Rand notice on plaintiff.
The hearing noticed for May 10, 2013 is VACATED and plaintiff’s
motion for default judgment (docket # 31) is DENIED.
DATED: April 15, 2013
CHARLES R. BREYER
United States District Judge
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