Jones v. Sadeghi et al

Filing 27

ORDER. Plaintiff may file a suppplemental oppsition within 14 days, defendant shallf ile a suppelemental reply to any supplemental opposition with 7 days thereafter. Signed by Judge Charles R. Breyer on 5/1/2014. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 5/2/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ARTHUR RAY JONES
Plaintiff(s),

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v.
J. SADEGHI, M.D.,
Defendant.

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No. C 13-1798 CRB (PR)
ORDER

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

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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, 684 F.3d 934, 939 (9th Cir.

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2012). Because it appears that a Rand notice was not served concurrently with

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the pending motion for summary judgment in this case, the court will provide

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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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Because plaintiff already has filed an opposition to the pending motion for

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summary judgment in this case, he may file a supplemental opposition within 14

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days of this order. Defendant shall file a supplemental reply to any supplemental

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opposition within 7 days thereafter.

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SO ORDERED.

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DATED: May 1, 2014
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.13\Jones, A.13-1798.not.wpd

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