Required Notice: Motions for Summary Judgment in Pro

Se Prisoner Cases. A defendant must file and serve the following “Notice and Warning to Pro Se Prisoner,” in a document separate from the motion and from the brief, at the same time a motion for summary judgment is filed against a prisoner who is proceeding pro se: NOTICE AND WARNING TO PRO SE PRISONER The court requires this Notice and Warning to be given to all pro se prisoner litigants when an opposing party files a motion for summary judgment. Defendant______________ [name defendant, or state “all defendants”] has/have moved for summary judgment by which [appropriate pronoun] seeks to have your remaining claims dismissed and judgment entered against you. A motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, end your case as to the following claims: ____________ [list claims].

Rule 56 explains how to oppose a motion for summary judgment. Generally, summary judgment must be granted when there is no genuine issue of material fact – that is, if there is no real dispute about any fact that would affect the result of your case, the party who requested summary judgment is entitled to judgment as a matter of law, which will end your case. When a party you are suing makes a motion for summary judgment that is properly supported by declarations or other sworn testimony, you cannot simply rely on what your complaint says. Instead, you must set out specific facts in the record, including depositions, documents, affidavits or declarations, stipulations, admissions, interrogatory answers, or other materials, as provided in Rule 56(c), or comply with Rule 56(d), to contradict the facts shown in the other party’s declarations and documents and show that there is a genuine issue of material fact for trial.

If you do not submit your own evidence in opposition, summary judgment, if appropriate, may be entered against you. If summary judgment is granted, the court will enter judgment against you and there will be no trial. 65 Additionally, LR56.1(e) requires that any party who opposes the motion for summary judgment shall file and serve with his or her opposing documents a separate document containing a single concise statement that admits or disputes the facts set forth in the movant’s concise statement, as well as sets forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated.

RULES PERTAINING TO CASES UNDER TITLE 11, UNITED STATES CODE