Farmbrough

(PC) Roberson v. Farmbrough

Good Law
United States District Court, Eastern District of CaliforniaApril 17, 20231:21-cv-00990California350 words

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…

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