Roberto Johnson v. Kern County Jail, et al.

Summary

The United States District Court for the Eastern District of California issues a second informational order to pro se plaintiff Roberto Johnson regarding requirements for opposing Defendant Frye’s motion for summary judgment. The order provides notice under Rand, Woods, and Klingele, explains applicable Federal and Local Rules, and grants Plaintiff 21 days from service to file an opposition or statement of non-opposition.

Holdings

1. A pro se prisoner opposing summary judgment must file an opposition or statement of non-opposition, comply with Federal Rule of Civil Procedure 56 and the applicable local rules, identify disputed facts, and support factual disputes with admissible or properly authenticated evidence.
2. Plaintiff was granted twenty-one days from service of the order to file an opposition or statement of non-opposition to Defendant's summary judgment motion.

Questions Presented

1. What notice and evidentiary requirements must a pro se prisoner follow in opposing Defendant's summary judgment motion?
2. Whether Plaintiff should receive an extension of the deadline to oppose Defendant's summary judgment motion because the separate Rand warning was not included with the filing.

Disposition

other