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WOODS v. CAREY

Nos. 09-15548, 09-16113.

684 F.3d 934 (2012)

Earnest Cassell WOODS, II, Plaintiff-Appellant, v. Tom L. CAREY, Warden; T. Dickenson; Cervantes, Defendants-Appellees. Earnest Cassell Woods, II, Plaintiff-Appellee, v. Tom L. Carey, Warden; T. Dickenson, Defendants, and Santos Cervantes, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2012.

Attorney(s) appearing for the Case

Erica Griffith (argued) and Jeffrey T. Renz , Missoula, MO, for the plaintiff-appellant.

Jennifer Marquez (argued), Sacramento, CA, for the defendant-appellee.

Before: STEPHEN REINHARDT, JOHN T. NOONAN, and MARY H. MURGUIA, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

We hold in this case that Rand 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...

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