Jasso

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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10 ISAIAH J. PETILLO, Case No. 1:21-cv-01401-JLT-SAB (PC)

11 Plaintiff, ORDER DIRECTING DEFENDANT

OCHOA’S TO RE-SERVE AND FILE

12 v. MOTION FOR SUMMARY JUDGMENT

WITH PROPER RAND NOTICE

13 REYNALDO JASSO, et al., (ECF No. 36) 14 Defendants.

15 16 Plaintiff Isaiah J. Petillo is proceeding pro se in this civil rights action filed pursuant to 42 17 U.S.C. § 1983. 18 On November 14, 2022, Defendant Ochoa filed a motion for summary judgment. (ECF 19 No. 36.) 20 In Woods v. Carey, 684 F.3d 934, 939 (9th Cir. 2012), the Ninth Circuit held that a pro se 21 prisoner plaintiff must be provided with “fair notice” of the requirements for opposing a motion 22 for summary judgment at the time the motion is brought. Review of the current motion shows 23 that Defendant did not provide Plaintiff with the proper Rand notice. See Rand v. Rowland, 154 24 F.3d 952 (9th Cir. 1998). In particular, Defendant failed to advise Plaintiff of the contents of any 25 applicable Eastern District of California Local…