Wright v. Hedgepath et al

Filing 52

ORDER PROVIDING RAND SUMMARY JUDGMENT NOTICE AND SETTING NEW BRIEFING SCHEDULE Signed by Judge Claudia Wilken on 07/11/2012. (Attachments: # 1 Certificate/Proof of Service)(ls, COURT STAFF) (Filed on 7/11/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DEMETRIUS A. WRIGHT,

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No. C 09-4358 CW (PR)

Plaintiff,

ORDER PROVIDING RAND SUMMARY
JUDGMENT NOTICE AND SETTING NEW
BRIEFING SCHEDULE

v.
A. HEDGEPETH, et al.,
Defendants.
________________________________/

Plaintiff Demetrius A. Wright, a state prisoner incarcerated

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United States District Court
For the Northern District of California

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at Salinas Valley State Prison (SVSP), filed the above-titled pro

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se civil rights action pursuant to 42 U.S.C. § 1983 claiming the

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violation of his First Amendment rights.

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motion for summary judgment.

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Defendants have filed a

In its Order of Service, the Court, in accordance with the

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holding of Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998),

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explained to Plaintiff what he must do in order to oppose a motion

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for summary judgment.

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however, requires that pro se prisoner-plaintiffs be given “notice

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of what is required of them in order to oppose” summary judgment

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motions at the time of filing of the motions, rather than when the

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court orders service of process or otherwise before the motions are

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filed.

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July 6, 2012).

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notice to Plaintiff for his information in connection with

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Defendants’ pending motion to dismiss and for summary judgment:

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A recent decision from the Ninth Circuit,

Woods v. Carey, No. 09-15548, slip op. 7871, 7874 (9th Cir.
Accordingly, the Court now provides the following

The defendants have made a motion for summary judgment by
which they seek to have your case dismissed. A motion for
summary judgment under Rule 56 of the Federal Rules of Civil
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. Generally, summary judgment must
be granted when there is no genuine issue of material fact -that is, if there is no real dispute about any fact that would
affect the result of your case, the party who asked for
summary judgment is entitled to judgment as a matter of law,
which will end your case. When a party you are suing makes a
motion for summary judgment that is properly supported by
declarations (or other sworn testimony), you cannot simply
rely on what your complaint says. Instead, you must set out
specific facts in declarations, depositions, answers to
interrogatories, or authenticated documents, as provided in
Rule 56(e), that contradict the facts shown in the defendants'
declarations and documents and show that there is a genuine
issue of material fact for trial. If you do not submit your
own evidence in opposition, summary judgment, if appropriate,
may be entered against you. If summary judgment is granted,
your case will be dismissed and there will be no trial.

United States District Court
For the Northern District of California

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Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998).
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Plaintiff’s opposition to Defendants’ motion for summary
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judgment was due July 6, 2012.

In order to allow Plaintiff time to

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prepare his opposition to the pending motion for summary judgment
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taking into account this Rand summary judgment notice, the Court
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now sets the following new briefing schedule on Defendants' motion
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for summary judgment:

Plaintiff must file and serve his opposition

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to the motion, or a supplemental opposition if he already has
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mailed an opposition to Defendants and the Court, no later than
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August 10, 2012.

Defendants shall file and serve their reply no

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later than August 24, 2012.
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IT IS SO ORDERED.
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Dated: July 11, 2012
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CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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