United States District Court, E.D. California
HENRY A. JONES, Plaintiff,
P. KUPPINGER, et al., Defendants.
ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE
response to plaintiff’s inquiry docketed July 22, 2016,
ECF No. 95, plaintiff is informed of the following. The
dispositive motion deadline allows for the filing of a motion
to dismiss, pursuant to Federal Rule of Civil Procedure
12(b), or a motion for summary judgment, pursuant to Federal
Rule of Civil Procedure 56. In addition to the requirements
set forth in those Federal Rules, this court’s Local
Rules 230(1) and 260 apply. Attached hereto are additional
requirements for opposing a motion for summary judgment,
intended to update the information provided plaintiff with
this court’s order filed October 10, 2013, see ECF No.
13 at 7. If this case proceeds after resolution of the
parties’ dispositive motions, or if no dispositive
motion is filed by the September 9, 2016 deadline, then this
case will be set for jury trial and related pretrial matters.
states that he is missing documents filed in this case. In
forma pauperis status does not include the cost of copies.
The Clerk’s Office will provide copies of documents and
of the docket sheet at $0.50 per page. Checks in the exact
amount are to be made payable to “Clerk, USDC.”
Copies of documents may also be requested, for a fee, through
the Cal Legal Support Group at 3104 "O" Street,
Suite 291, Sacramento, CA 95816, phone 916-822-2030, fax
916-400-4948. Included with this order is a one-time courtesy
copy of the docket in this case.
plaintiff requests appointment of counsel for the purpose of
preparing a dispositive motion on his behalf For the reasons
set forth in this court’s order filed May 11, 2016, ECF
No. 86, plaintiffs request for appointment of counsel is
IT IS HEREBY ORDERED that:
1. Plaintiffs request for appointment of counsel, ECF No. 95,
is denied without prejudice; and
2. The Clerk of Court is directed to send plaintiff, together
with a copy of this order (which includes the attached
“Rand Notice”), a copy of the current docket in
Notice to Plaintiff
notice is provided to ensure that you, a pro se prisoner
plaintiff, “have fair, timely and adequate notice of
what is required” to oppose a motion for summary
judgment. See Woods v. Carey, 684 F.3d 934 (9th Cir.
2012); Rand v. Rowland, 154 F.3d 952, 957 (9th Cir.
1998). The court requires that you be provided with this
notice regarding the requirements for opposing a motion for
summary judgment under Rule 56 of the Federal Rules of Civil
defendant moves for summary judgment, the defendant is
requesting that the court grant judgment in defendant’s
favor without a trial. If there is no real dispute about any
fact that would affect the result of your case, the defendant
who asked for summary judgment is entitled to judgment as a
matter of law, which will end your case against that
defendant. A motion for summary judgment will set forth the
facts that the defendant asserts are not reasonably subject
to dispute and that entitle the defendant to judgment.
oppose a motion for summary judgment, you must show proof of
your claims. To do this, you may refer to specific
statements made in your complaint if you signed your
complaint under penalty of perjury and if your complaint
shows that you have personal knowledge of the matters stated.
You may also submit declarations setting forth the facts that
you believe prove your claims, as long as the person who
signs the declaration has personal knowledge of the facts
stated. You may also submit all or part of deposition
transcripts, answers to interrogatories, admissions, and
other authenticated documents. For each of the facts listed
in the defendant’s Statement of Undisputed Facts, you
must admit the facts that are undisputed, and deny the facts
that are disputed. If you deny a fact, you must cite to the
proof that you rely on to support your denial. See
L.R. 260(b). If you fail to contradict the defendant’s
evidence with your own evidence, the court may accept the
defendant’s evidence as the truth and grant the motion.
court will consider a request to postpone consideration of
the defendant’s motion if you submit a declaration
showing that for a specific reason you cannot present such
facts in your opposition. If you do not respond to the
motion, the court may consider your failure to act as a
waiver of your opposition. See L.R. 230(1).
court grants the defendant’s motion, whether opposed or
unopposed, judgment will be entered for that defendant
without a trial and ...