Farmbrough
(PC) Roberson v. Farmbrough
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MORRIS ROBINSON, Case No. 1:21-cv-00990-ADA-SAB (PC)
Plaintiff, ORDER DIRECTING DEFENDANT
GOLLER TO RE-SERVE AND FILE
v. MOTION FOR SUMMARY JUDGMENT
WITH PROPER RAND NOTICE
J. FARMBROUGH, et al., (ECF No. 52) Defendants.
15 Plaintiff Morris Robinson, is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On April 14, 2023, Defendant Goller filed a motion for summary judgment. (ECF No. 52.) 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 the current motion shows that Defendant Goller did not provide Plaintiff with the proper Rand notice. See Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998). Rand, 154 F.3d 961; Local Rule 260. Plaintiff is entitled to service of the notice concurrently with…