(PC) Germain v. Janam,et al.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH GERMAIN, No. 2:18-cv-3041 JAM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. JANAM, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. On April 30, 2020 defendant filed a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. (ECF No. 40.) Plaintiff has not filed an opposition to the motion. “A district court may not grant a motion for summary judgment simply because the nonmoving party does not file opposing material, even if the failure to oppose violates a local rule.” Brydges v. Lewis, 18 F.3d 651, 652 (9th Cir. 1994) (citing Henry v. Gill Industries, Inc., 983 F.2d 943, 950 (9th Cir. 1993)). However, where a local rule “does not require, but merely permits the court to grant a motion for summary judgment, the district court has discretion to determine whether…