Opinion
2:20-cv-0271 KJM AC P
11-22-2022
COLTON JAMES ROOD, Plaintiff, v. ISAAC LOCKWOOD, et al., Defendants.
ORDER
ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Defendants have filed a motion for summary judgment. ECF No. 63. However, it does not appear that they contemporaneously served plaintiff with a Rand Notice, as required by this court. See ECF No. 25 at 4, ¶ 11 (citing Woods v. Carey, 684 F.3d 934, 935 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998)).
Accordingly, IT IS HEREBY ORDERED that:
1. Within twenty-four hours of receiving this order, defendants shall serve plaintiff with a Rand Notice, as required by the December 16, 2020 order. Failure to do so will result in a recommendation that the motion for summary judgment be denied; and
2. Plaintiff shall have twenty-one days from the service of the Rand Notice to file his response to the motion for summary judgment.