Montgomery v. Sanchez

Full title: DWAYNE S. MONTGOMERY, Plaintiff, v. I. SANCHEZ, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Apr 6, 2015

1:13-cv-00247-RRB (E.D. Cal. Apr. 6, 2015)

Opinion

DWAYNE S. MONTGOMERY, Plaintiff, v. I. SANCHEZ, et al., Defendants. No. 1:13-cv-00247-RRB United States District Court, E.D. California. April 6, 2015

          ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT

          RALPH R. BEISTLINE, District Judge.

         At Docket 73 Defendant I. Sanchez filed a motion for summary judgment. At Docket 75 Defendants S.W. Duncan and H. B. Smith also filed a motion for summary judgment. Plaintiff is a state prisoner appearing pro se. The Court hereby notifies Plaintiff of the following rights and requirements for opposing the motions:¹

1 See Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Wyatt v. Terhune, 315 F.3d 1108 (9th Cir. 2003).

         1. Unless otherwise ordered, all motions and oppositions must be briefed in accordance with Local Rule 230(l).

         2. Plaintiff is required to file an opposition or a statement of non-opposition to Defendants' motions for summary judgment.² The opposition or statement of non-opposition must be filed not later than May 3, 2015.

2 Local Rule 230(l).

         3. In responding to Defendants' motions for summary judgment, Plaintiff may not simply rely on allegations in the complaint.

(a) Plaintiff must oppose the motions by setting forth specific facts in declaration(s) and/or by submitting other evidence regarding the issue(s) raised in the motion, ³ e.g., all or part of deposition transcripts, answers to interrogatories, admissions, or any other properly authenticated document.

3 See Fed.R.Civ.P. 43(c).

(b) Defendants have served and filed a Statement of Undisputed Facts. Plaintiff must either (1) admit the facts are undisputed; or (2) deny the specific fact and cite the evidence relied upon to support the denial.⁴ If Plaintiff does not submit evidence in opposition to the motion, the Court may accept

4 Fed.R.Civ.P. 56(c); see Local Rule 260(b).

         Defendants' facts as true, and may, butneed not, conclude that Plaintiff is not entitled to the relief requested in the complaint and dismiss the complaint.⁵

5 Fed.R.Civ.P. 56(e); see Local Rule 230(I).

         4. The Court will consider a request to postpone consideration of Defendants' motions if Plaintiff serves and files a declaration affirmatively showing:

(a) the specific fact(s) that Plaintiff believes exist; and

(b) specifically why Plaintiff cannot present the fact(s) in opposition to the motions.

5. Unsigned declarations will be disregarded, and declarations not signed under penalty of perjury have no evidentiary value.

         6. If the Court grants Defendants' motions, whether opposed or unopposed, judgment will be entered in favor of Defendants without a trial and the case closed.

         7. The failure to comply with this order, the Federal Rules of Civil Procedure, or the Local Rules of the Eastern District of California may result in the imposition of sanctions including but not limited to dismissal of the action or entry of default.

         IT IS SO ORDERED.