IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 20, 2012
DELBERT WILLIAMS, PLAINTIFF,
SABIN, ET AL., DEFENDANTS.
On June 1, 2012, defendants filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. Instead of filing an opposition to the motion, plaintiff has filed with the court several indecipherable "notices" that include his notes regarding and commentary, such as "prove that" and "totally false", on portions of defendants' motion for summary judgment. Even liberally construed, the court could not consider these "notices" as an opposition to defendants' motion for summary judgment. Accordingly, on July 10, 2012, the court ordered plaintiff to file an opposition to defendants' motion. In response to the court's order, plaintiff has filed a series of exhibits. It is not clear what these exhibits relate to or why plaintiff has filed them with the court. However, in the interest of justice, the court will grant plaintiff a final thirty days to file an opposition to defendants' motion for summary judgment.
The court will also inform plaintiff once again of the requirements for opposing a motion for summary judgment such as the one now pending before the court in this action.
Pursuant to Woods v. Carey, F.3d , 2012 WL 2626912 (9th Cir. 2012), Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988), the court hereby informs plaintiff that a motion for summary judgment is a request for an order for judgment in favor of the defendant without trial. A defendant's motion for summary judgment will set forth the facts that the defendant contends are not reasonably subject to dispute and that entitle the defendant to judgment. To oppose a motion for summary judgment, plaintiff must show proof of his or her claims. Plaintiff may do this in one or more of the following ways. Plaintiff may rely on plaintiff's statements made under penalty of perjury in the complaint if the complaint shows that plaintiff has personal knowledge of the matters stated and plaintiff specifies those parts of the complaint on which plaintiff relies. Plaintiff may serve and file one or more affidavits or declarations setting forth the facts that plaintiff believes prove plaintiff's claims; the person who signs an affidavit or declaration must have personal knowledge of the facts stated. Plaintiff may rely on written records, but plaintiff must prove that the records are what plaintiff asserts they are. Plaintiff may rely on all or any part of the transcript of one or more depositions, answers to interrogatories, or admissions obtained in this proceeding. If plaintiff fails to contradict the defendant's evidence with counteraffidavits or other admissible evidence, the court may accept defendant's evidence as true and grant the motion. If there is some good reason why such facts are not available to plaintiff when required to oppose a motion for summary judgment, the court will consider a request to postpone consideration of the defendant's motion. See Fed. R. Civ. P. 56(d). If plaintiff does not serve and file a written opposition to the motion, or a request to postpone consideration of the motion, the court may consider the failure to act as a waiver of opposition to the defendant's motion. SeeL.R. 230(l). If the court grants the motion for summary judgment, whether opposed or unopposed, judgment will be entered for the defendant without a trial and the case will be closed as to that defendant.
Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this order, plaintiff shall file an opposition to defendants' motion for summary judgment in light of and in keeping with the standards set forth above. In the alternative, if plaintiff no longer wishes to proceed with this matter, he shall file a request to dismiss this action without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure.
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