Bollinger

United States v. Bollinger

Good Law
118 F. App'x 147
United States Court of Appeals for the Ninth CircuitNovember 23, 2004Nos. 02-17253, 02-17276, 02-17422; D.C. No. CV-98-05400-RECCalifornia1,007 words

Opinion

Lead Opinion

MEMORANDUM *

Defendants Hellmut Laue, Theodore Bollinger, and Ralph Calvo (“defendants”) appeal the district court’s grants of summary judgment in favor of the government in actions for ejectment brought by the Bureau of Land Management (“BLM”). The district court determined that there was no material issue of fact regarding defendants’ bad faith occupancy of a mill site located on federal land managed by the BLM. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the summary judgments entered by the district court.

I

The district court acted within its discretion when it declined to instruct de *149 fendants on the proper form for affidavits or declarations, and when it declined to give defendants the opportunity to correct deficiencies in their submissions in opposition to the government’s motions for summary judgment. The district court has no “obligation to give notice of Rule 56’s evidentiary standards” to “pro se litigants in the ordinary civil case.” Jacobsen v. Filler, 790 F.2d 1362, 1365, 1364 (9th Cir.1986).

II

The district court acted within its discretion when it denied defendants Bollinger and Calvo’s third and final request for an extension of…

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