Cleveland Scott v. Leonard Cardoza

960 F.2d 152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Cleveland SCOTT, Plaintiff-Appellant, v. Leonard CARDOZA, et al., Defendants-Appellees. No. 91-15039. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1992. * Decided April 17, 1992. Before WISDOM, ** BEEZER and TROTT, Circuit Judges. 1 MEMORANDUM *** 2 Although Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir.1988) states that "[d]istrict courts are obligated to advise prisoner pro per litigants of Rule 56 requirements", in this case (where the pro per litigant filed his own, procedurally adequate motion for summary judgment; opposed the defendants' motion for summary judgment with extensive evidence; had the benefit of their pleadings in support of their motion for summary judgment, which referred to his burden in opposition; and made no objection to the inadequacy of discovery, which had closed long before either party filed a motion for summary judgment) the district court's failure to…