(PC) Taylor v. Commissioner of the California Department of Corrections and Rehabilitation
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10
11 PRESTON TAYLOR, ) Case No.: 1:20-cv-00798-DAD-SAB (PC) ) 12 Plaintiff, ) ) ORDER DENYING DEFENDANTS’ MOTION 13 v. ) FOR SUMMARY JUDGMENT, WITHOUT
PREJUDICE, TO RE-FILING WITH PROPER
) 14 COMMISSIONER OF CALIFORNIA RAND NOTICE
DEPARTMENT OF CORRECTIONS AND )
15 REHABILITATION, et al., ) (ECF No. 69) ) 16 ) Defendants. ) 17 )
18 Plaintiff Preston Taylor is proceeding in forma pauperis in this civil rights action pursuant to 19 42 U.S.C. § 1983. 20 On July 18, 2022, Defendants filed a motion for summary judgment. 21 In Woods v. Carey, 684 F.3d 934, 939 (9th Cir. 2012), the Ninth Circuit held that a pro se 22 prisoner plaintiff must be provided with “fair notice” of the requirements for opposing a motion for 23 summary judgment at the time the motion is brought. Review of Defendants’ motion reveals that they 24 did not provide Plaintiff with a Rand notice upon the filing of the…