(PC) Taylor v. Commissioner of the California Department of Corrections and Rehabilitation ( 2022 )

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 motion for summary judgment. See 25 Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998). In particular, Defendants failed to advise Plaintiff of 26 the contents of the Federal Rule of Civil Procedure 56 and the applicable Eastern District of California 27 Local Rule requirements, i.e., Local Rule 260. Rand, at 961. Accordingly, the Court must deny the 28 1 || entire motion, without prejudice, because the Rand notice is required to be filed simultaneously with tl 2 |}motion. Id. at 960. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Defendants’ motion for summary judgment (ECF No. 69) is DENIED WITHOU 5 PREJUDICE; 6 2. Defendants are granted an extension of time, shall file the motion for summary judgme 7 within seven (7) days of the date of entry of this order, and shall provide Plaintiff wi 8 the appropriate Rand notice; and 9 3. After the time for Defendants to file a properly noticed motion for summary judgmer 10 Plaintiff has thirty (30) days to file a response. 11 12 |} ITIS SO ORDERED. A (Fe 13 Dated: _ July 20, 2022 OF 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28