Alfaro v. Tilton et al

Filing 73

ORDER. Plaintiff's opposition is currently due no later than July 29, 2012. Defendant shall file a reply to within 15 days thereafter. Set/Reset Deadlines as to 69 MOTION for Summary Judgment. Responses due by 7/29/2012. Replies due by 8/13/2012. Signed by Judge Edward J. Davila on 7/10/2012. (ecg, COURT STAFF) (Filed on 7/13/2012)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT
9

FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
11

)
)
)
Plaintiff,
)
)
vs.
)
)
)
D. HIGGERSON, et al.,
)
)
Defendants.
_________________________________ )
CESAR ALFARO,

12
13
14
15
16

No. C 10-04416 EJD (PR)
ORDER

17
18

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

19

concurrently with motions to dismiss and motions for summary judgment so that pro se

20

prisoners will have fair, timely and adequate notice of what is required of them in order to

21

oppose those motions." Woods v. Carey, Nos. 09-15548 & 09-16113, slip op. 7871, 7874

22

(9th Cir. July 6, 2012). Because it appears that a Rand notice was not served concurrently

23

with the pending motion for summary judgment in this case, the Court will provide said

24

notice now:

25

Plaintiff is advised that a motion for summary judgment under Rule 56 of

26

the Federal Rules of Civil Procedure will, if granted, end your case. Rule

27

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

28

judgment. Generally, summary judgment must be granted when there is no
Order
N:\Pro - Se & Death Penalty Orders\July 2012\Alfaro04416_notice.wpd1

1

genuine issue of material fact – that is, if there is no real dispute about any

2

fact that would affect the result of your case, the party who asked for

3

summary judgment is entitled to judgment as a matter of law, which will

4

end your case. When a party you are suing makes a motion for summary

5

judgment that is properly supported by declarations (or other sworn

6

testimony), you cannot simply rely on what your complaint says. Instead,

7

you must set out specific facts in declarations, depositions, answers to

8

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

9

contradicts the facts shown in the defendant's declarations and documents

10

and show that there is a genuine issue of material fact for trial. If you do

11

not submit your own evidence in opposition, summary judgment, if

12

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

13

your case will be dismissed and there will be no trial. Rand v. Rowland,

14

154 F.3d 952, 962-63 (9th Cir. 1998) (en banc) (App A).

15

Plaintiff’s opposition is currently due no later than July 29, 2012. Defendant shall file a

16

reply to within 15 days thereafter.

17
18

DATED:

7/10/2012
EDWARD J. DAVILA
United States District Judge

19
20
21
22
23
24
25
26
27
28
Order
N:\Pro - Se & Death Penalty Orders\July 2012\Alfaro04416_notice.wpd2

1

UNITED STATES DISTRICT COURT

2

FOR THE

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
CESAR ALFARO,

Case Number: CV10-04416 EJD

6
Plaintiff,

CERTIFICATE OF SERVICE

7
v.
8
JAMES TILTON et al,
9
Defendant.
10
11
12
13
14

/

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 13, 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.

15
16
17
18
19
20

Cesar Alfaro E-68257
Pelican Bay State Prison
P.O. Box 7500
Crescent City, CA 95531
Dated: July 13, 2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk

21
22
23
24
25
26
27
28
Order
N:\Pro - Se & Death Penalty Orders\July 2012\Alfaro04416_notice.wpd