John D. O'sullivan, III v. Robert Richards

976 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John D. O'SULLIVAN, III, Plaintiff-Appellant, v. Robert RICHARDS, Defendant-Appellee. No. 91-16505. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 18, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 John D. O'Sullivan III, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of Robert Richards and dismissal of O'Sullivan's 42 U.S.C. § 1983 action for failure to file a response to Richards' summary judgment motion pursuant to Fed.R.Civ.P. 56(e) and Arizona District Court Local Rule 11(i). We have jurisdiction pursuant to 28 U.S.C. § 1291 and vacate and remand. 3 On February 1, 1990, O'Sullivan filed a civil rights complaint claiming he was denied access to the courts in connection with his pending civil proceedings. On August 28, 1990, the complaint was served on Richards, who answered on…