David Bell v. United States Department of Justice Dick L. Huff Emil P. Moschella

972 F.2d 1337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David BELL, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE; Dick L. Huff; Emil P. Moschella, Defendants-Appellees. No. 90-56006. United States Court of Appeals, Ninth Circuit. Submitted Aug. 21, 1992. * Decided Aug. 25, 1992. Before TANG and CYNTHIA HOLCOMB HALL, Circuit Judges, and SHUBB, District Judge. ** MEMORANDUM *** David Bell appeals the district court's grant of summary judgment in his action under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 . We reverse and remand. Bell is an incarcerated, pro se litigant. The district court was required, " 'as a bare minimum, [to provide] him with fair notice of the requirements of the summary judgment rule.' " Klingele v. Eikenberry, 849 F.2d 409, 411 (9th Cir.1988) (quoting Hudson v. Hardy, 412 F.2d 1091, 1094 (D.C.Cir.1968)). "It would not be realistic to impute to a prison inmate ... an instinctual awareness that the purpose of a…