RAND v. ROWLAND

No. 95-15428.

154 F.3d 952 (1998)

Lee A. RAND, Plaintiff-Appellant, v. James ROWLAND; Nadim Khoury, M.D., William Bunnell; Roy Lee Johnson; Leo R. Estes, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1998.


Attorney(s) appearing for the Case

Amy E. Margolin, Jackson, Tufts, Cole & Black, San Jose, California, for plaintiff-appellant.

D. Kenneth Baumgarten, Deputy Attorney General, Sacramento, California, for defendants-appellees.

Before: HUG, Chief Judge, and PREGERSON, REINHARDT, TROTT, FERNANDEZ, RYMER, T. G. NELSON, KLEINFELD, HAWKINS, TASHIMA, and THOMAS, Circuit Judges.


Opinion by Judge TASHIMA; Concurrence by Judge REINHARDT; Concurrence by Judge THOMAS; Dissent by Judge KLEINFELD.

TASHIMA, Circuit Judge:

We address the continued viability and application of the "pro se prisoner fair notice" requirement of Rule 56 of the Federal Rules of Civil Procedure ("Rule 56") adopted in Klingele v. Eikenberry, 849 F.2d 409 (9th Cir.1988), and modified in Arreola v. Mangaong,

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