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Whittier Buchanan, Cdcr #K-02554 v. Eduardo Garza; Lui Fuga; Roy and Setting Briefing Baker; Ricardo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 6, 2011

WHITTIER BUCHANAN, CDCR #K-02554, PLAINTIFF,
v.
EDUARDO GARZA; LUI FUGA; ROY AND SETTING BRIEFING BAKER; RICARDO LIMON; ANGEL SALCEDO; HODGE, DEFENDANTS.

The opinion of the court was delivered by: United States District Judge Hon. Barry Ted Moskowitz

ORDER PROVIDING NOTICE TO PRO SE PRISONER OF OPPOSING SUMMARY JUDGMENT PURSUANT TO KLINGELE / RAND REQUIREMENTS FOR SCHEDULE

This notice is required to be given to Plaintiff pursuant to Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (en banc) and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988):*fn1

Plaintiff has filed a Motion for Summary Judgment pursuant to FED.R.CIV.P. 56. In turn, Defendants Baker, Fuga, Garza, Hodge, Limon and Salcedo have filed a partial Motion for Summary Judgment pursuant to FED.R.CIV.P. 56, by which they seek to have a portion of your case dismissed. A Motion for Summary Judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case.

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, and 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 by 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.

Conclusion and Order

Accordingly, IT IS ORDERED that

Plaintiff's Motion for Summary Judgment and Defendants' Cross-Motion for Partial Summary Judgment has been calendared for hearing on Friday, December 9, 2011, in Courtroom 15.*fn2 Plaintiff's Opposition (including any supporting documents) to Defendants' Motion must be filed with the Court and served on all parties by Friday, November 25, 2011. Defendants have already filed an Opposition to Plaintiff's Motion. If you do not wish to oppose Defendants' Motion, you should file and serve a "Notice of Non-Opposition" by that same date to let both the Court and Defendants know that the Motion is unopposed. All parties must file their Reply to the respective Oppositions, if any, by Friday, December 2, 2011.

At the time appointed for hearing, the Court will, in its discretion, consider Defendants' Motion for Summary Judgment pursuant to FED.R.CIV.P. 56 as submitted on the papers, and will issue its written opinion soon thereafter. See S.D. CAL. CIVLR 7.1(d)(1). Thus, unless otherwise ordered, no appearances are required and no oral argument will be heard.

IT IS SO ORDERED.


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