William W. Brydges v. Samuel A. Lewis, Director, and D. Gonzales, Warden
Opinion
Opinion
ORDER
The memorandum disposition filed in this matter on June 8, 1993, 995 F.2d 230 , is redesignated as a per curiam opinion.
OPINION
William W. Brydges, an Arizona state prisoner, appeals pro se the district court’s order granting appellees’ motion for summary judgment and dismissing his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
We review de novo the grant of summary judgment. Hopkins v. Andaya, 958 F.2d 881, 884 (9th Cir.1992) (per curiam). A district court may not grant a motion for summary judgment simply because the non-moving party does not file opposing material, even if the failure to oppose violates a local rule. Henry v. Gill Industries, Inc., 983 F.2d 943, 950 (9th Cir.1993) (“[a] local rule that requires the entry of summary judgment simply because no papers opposing the motion are filed or served, and without regard to whether genuine issues of material fact exist, would be inconsistent with [Fed. R.Civ.P.] 56, hence impermissible under [Fed.R.Civ.P.] 83.”). However, when the local rule does not require, but merely permits the court to grant a motion for summary judgment, the district court has discretion to determine…