Reyes-Montoya

MEMORANDUM **

Jose Luis Reyes-Montoya (Montoya) appeals the summary judgment in favor of the United States in the government’s civil forfeiture action against $141,060 in United States currency and a cellular phone as well as the district court’s refusal to award a $4,965 substitute res to him for assorted items of jewelry and a Rolex wristwateh that he claimed to own. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I

Montoya, who appeared pro se in the district court, contends that the summary judgment must be reversed because he was not given a Klingele 1 notice. However, it is clear the error was harmless. Rand v. Rowland, 154 F.3d 952, 961 (9th Cir.1998) (en banc) (harmless error where record discloses knowledge of Rule 56 requirements gained from some other source). Montoya’s own moving papers for summary judgment on the issue of probable cause show that he knew Rule 56’s requirements, for they correctly set out all the applicable standards, including the relative burdens on the moving party and non-moving party and the need for the non-moving party to designate specific facts showing a genuine issue for trial. More importantly, by the time he had to respond…