(PC) Rhoden v. Department of State Hospitals

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

LAWTIS DONALD RHODEN, ) Case No.: 1:18-cv-00101-LJO-SAB (PC) ) Plaintiff, ) ) ORDER DENYING DEFENDANTS’ MOTION v. ) FOR SUMMARY JUDGMENT, WITHOUT

PREJUDICE, TO RE-FILING WITH PROPER

) DEPARTMENT OF STATE HOSPITALS, RAND NOTICE et al., ) Defendants. ) [ECF No. 63] ) )

Plaintiff Lawtis Donald Rhoden is a civil detainee appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On October 7, 2019, Defendants filed a motion for summary judgment. In Woods v. Carey, 684 F.3d 934, 939 (9th Cir. 2012), the Ninth Circuit held that a pro se prisoner plaintiff must be provided with “fair notice” of the requirements for opposing a motion for summary judgment at the time the motion is brought. Review of Defendant Garcia’s motion shows that he did not provide Plaintiff with a Rand notice upon the filing of the motion for summary 24 …