Avila

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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10 LARRY BRIAN PORTEOUS, Case No. 1:21-cv-00529-SAB (PC)

11 Plaintiff, ORDER DIRECTING DEFENDANTS TO

RE-SERVE AND FILE MOTION FOR

12 v. SUMMARY JUDGMENT WITH PROPER

RAND NOTICE

13 R. AVILA, et al., (ECF No. 41) 14 Defendants.

15 16 Plaintiff Larry Brian Porteous is proceeding pro se and in forma pauperis in this civil 17 rights action filed pursuant to 42 U.S.C. § 1983. 18 On November 30, 2022, Defendants filed a motion for summary judgment. (ECF No. 19 41.) 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 Defendants did not provide Plaintiff with the proper Rand notice. See Rand v. Rowland, 24 154 F.3d 952 (9th Cir. 1998). In particular, Defendants failed to advise Plaintiff of the contents 25 of any applicable Eastern District of California…