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SAWYER v. AMERICAN FEDERATION OF GOVERN. EMPLOYEES

No. 98-9054.

180 F.3d 31 (1999)

Richard Dean SAWYER, III, Plaintiff-Appellant, v. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO and John Sturdivant, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 4, 1999.

Attorney(s) appearing for the Case

Richard Dean Sawyer III, Bronx, NY, submitted a pro se brief.

Martin R. Cohen, Bala Cynwyd, Pa., Mark D. Roth, Washington, DC, submitted a brief for defendants-appellees.

Before: WINTER, Chief Judge, and NEWMAN and SOTOMAYOR, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal requires us to clarify the circumstances under which a record will suffice to indicate that a pro se litigant had sufficient awareness of the consequences of a summary judgment motion to permit its adjudication, despite lack of explicit notice by a moving party or a district court that such a motion will be granted if allegations of fact are not adequately controverted by affidavit. Richard D. Sawyer, III appeals

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