Opinion
Case No. 1:19-cv-01202-BAM (PC)
04-21-2020
PETE REYNA, Plaintiff, v. KINGS COUNTY JAIL MEDICAL, et al., Defendants.
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE TO RE-FILING (ECF No. 22)
Plaintiff Pete Reyna ("Plaintiff") is a former pretrial detainee, currently a state prisoner, proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff's first amended complaint against Defendant Siddiqi for violation of the Fourteenth Amendment arising out of the delay in Plaintiff's medical care.
Erroneously sued as Defendant "Sadiki." --------
Currently before the Court is Defendant's motion for summary judgment on the grounds that none of Plaintiff's claims are supported by competent evidence and all of the care Plaintiff received from Defendant was appropriate and within the standard of care, filed April 17, 2020. (ECF No. 22.) Plaintiff has not yet had an opportunity to respond to the motion, but the Court finds a response unnecessary, as discussed below. The motion is deemed submitted. Local Rule 230(1).
Upon review of the filing, the Court notes that Defendant's motion for summary judgment was not accompanied by the notice and warning required by Woods v. Carey, 684 F.3d 934 (9th Cir. 2012), Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998), and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988). Additionally, it does not appear that Defendant included a "Statement of Undisputed Facts," as required by Local Rule 260(a).
Accordingly, Defendant Siddiqi's motion for summary judgment, (ECF No. 22), is HEREBY DENIED, without prejudice to re-filing in compliance with Rand v. Rowland and the Court's Local Rules. IT IS SO ORDERED.
Dated: April 21 , 2020
/s/ Barbara A . McAuliffe
UNITED STATES MAGISTRATE JUDGE