Legal Opinion
Earnest Woods, II v. Tom Carey
Court of Appeals for the Ninth Circuit
Decided July 6, 2012No. 09-15548, 09-16113PublishedCited by 1,131 opinions
1Opinion of the Court
OPINION
REINHARDT, Circuit Judge:
We hold in this case that Band and Wyatt notices must be served concurrently with motions to dismiss and motions for summary judgment so that pro se prisoner plaintiffs will have fair, timely and adequate notice of what is required of them in order to oppose those motions. Notices served at a time when defendants have not yet filed motions to dismiss or motions for summary judgment (and may never file such motions) do not sufficiently serve that purpose.
INTRODUCTION
Earnest Cassell Woods, formerly an inmate at California State Prison, Solano, sued Warden Tom…
2Cases cited25 opinions
- Woodford v. NgoSupreme Court of the United States · 2006
- Bounds v. SmithSupreme Court of the United States · 1977
- Lee A. Rand v. James Rowland Nadim Khoury, M.D., William Bunnell Roy Lee Johnson Leo R. EstesCourt of Appeals for the Ninth Circuit · 1998
- Robert Louis Roseboro v. Sam P. Garrison, Individually and in His Official Capacity as Warden of Central PrisonCourt of Appeals for the Fourth Circuit · 1975
- Taylor v. ListCourt of Appeals for the Ninth Circuit · 1989
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3Cited by1,131 opinions
- Javiad Akhtar v. J. MesaCourt of Appeals for the Ninth Circuit · 2012
- Labatad v. Corrections Corp. of AmericaCourt of Appeals for the Ninth Circuit · 2013
- Cesar Gonzalez v. United StatesCourt of Appeals for the Ninth Circuit · 2022
- Grenning v. KlemmeDistrict Court, E.D. Washington · 2014
- Donald Stratton v. Julie BuckCourt of Appeals for the Ninth Circuit · 2012
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