Guillen v. Rocha

Filing 52

ORDER Providing Plaintiff Notice and Warning; Scheduling Supplemental Briefing. Signed by Judge Ronald M. Whyte on 7/30/12. (jg, COURT STAFF) (Filed on 7/31/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 ) ) ) Plaintiff, ) ) v. ) ) CORRECTIONAL OFFICER ROCHA, et ) ) al., ) ) Defendants. ) MARCOS C. GUILLEN, 11 12 13 14 15 16 17 No. C 06-5176 RMW (PR) ORDER PROVIDING PLAINTIFF NOTICE AND WARNING; SCHEDULING SUPPLEMENTAL BRIEFING Plaintiff, a California prisoner pro se, filed this civil rights action under 42 U.S.C. 1983. 18 Defendants have filed a motion for summary judgment. Although given an opportunity, plaintiff 19 did not file an opposition. The case is now submitted for consideration. However, pursuant to 20 Woods v. Carey, No. 09-15548, slip op. 7871, 7884-85 (9th Cir. July 6, 2012), plaintiff must 21 read the following “NOTICE -- WARNING (SUMMARY JUDGMENT),” which is provided to 22 him for a second time pursuant to Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en 23 banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). 24 NOTICE -- WARNING 25 (SUMMARY JUDGMENT) 26 If defendants move for summary judgment, they are seeking to have your case dismissed. 27 A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if 28 granted, end your case. Order Providing Plaintiff Notice and Warning; Scheduling Supplemental Briefing G:\PRO-SE\SJ.Rmw\CR old\CR.06\Guillen176woods.wpd 1 Rule 56 tells you what you must do in order to oppose a motion for summary judgment. 2 Generally, summary judgment must be granted when there is no genuine issue of material 3 fact--that is, if there is no real dispute about any fact that would affect the result of your case, the 4 party who asked for summary judgment is entitled to judgment as a matter of law, which will 5 end your case. When a party you are suing makes a motion for summary judgment that is 6 properly supported by declarations (or other sworn testimony), you cannot simply rely on what 7 your complaint says. Instead, you must set out specific facts in declarations, depositions, answers 8 to interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts 9 shown in the defendant's declarations and documents and show that there is a genuine issue of 10 material fact for trial. If you do not submit your own evidence in opposition, summary judgment, 11 if appropriate, may be entered against you. If summary judgment is granted, your case will be 12 dismissed and there will be no trial. 13 Although the deadline for plaintiff to file an opposition has already passed, in light of 14 Woods, plaintiff may file a supplemental opposition within 14 days of this order. Defendants 15 shall file a supplemental reply to any supplemental opposition within 7 days thereafter. 16 17 18 IT IS SO ORDERED. DATED: RONALD M. WHYTE United States District Judge 19 20 21 22 23 24 25 26 27 28 Order Providing Plaintiff Notice and Warning; Scheduling Supplemental Briefing 2 G:\PRO-SE\SJ.Rmw\CR old\CR.06\Guillen176woods.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MARCOS C. GUILLEN, Case Number: CV06-05176 RMW Plaintiff, CERTIFICATE OF SERVICE v. ROCHA et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on July 31, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Marcos C Guillen K04517 Mule Creek State Prison A5-210-Lower Post Office Box 409020 Ione, CA 95640 Dated: July 31, 2012 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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