UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
August 2, 2012
ALFRED C. LOMBARDELLI,
K. HALSEY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER GRANTING PLAINTIFF LEAVE TO FILE AMENDED OPPOSITION OR PROCEED WITH CURRENT OPPOSITION (ECF No. 96) RESPONSE DUE WITHIN THIRTY DAYS
Plaintiff Alfred C. Lombardelli ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants E. Ortiz, S. Smyth, I. Sanchez, K. Halsey, K. Carter, and R. Vogel for violations of the First and Eighth Amendment. Pending before the Court is Defendants' motion, filed July 31, 2012, to grant Plaintiff additional time to supplement his opposition to Defendants' motion for summary judgment. ECF No. 96. Defendants filed a motion for summary judgment on January 13, 2012. ECF No. 76.
In light of the recent decision in Woods v. Carey, Nos. 09-15548, 09-16113, 2012 WL 2626912, at *5 (9th Cir. Jul. 6, 2012), Plaintiff must be provided with "fair notice" of the requirements for opposing a motion for summary judgment at the time the motion is brought. *fn1
Defendants provide notice pursuant to Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (en 2 banc) in their pending motion. Defs.' Mot. 2:2-4:4, ECF No. 96. The Court will not consider 3 multiple oppositions, however, and Plaintiff has two options upon receipt of this order. Plaintiff may 4 either (1) stand on his previously-filed opposition or (2) withdraw it and file an amended opposition. 5
If Plaintiff files an amended opposition, the pending Findings and Recommendation will be 6 withdrawn.
Accordingly, it is HEREBY ORDERED that:
1. Plaintiff may, within thirty (30) days from the date of service of
this order, withdraw
his opposition and file an amended opposition;
2. If Plaintiff does not file an amended opposition in response to this order, his existing opposition will be considered in resolving Defendants' motions for summary judgment; and
3. If Plaintiff elects to file an amended opposition, Defendants' existing reply will not be considered and they may file an amended reply within fourteen (14) days from the date of service of Plaintiff's amended opposition.
IT IS SO ORDERED.