· 9/21/2009
Hernandez v. Coffey
Citations
- 582 F.3d 303
- 74 Fed. R. Serv. 3d 910
- 2009 U.S. App. LEXIS 20878
- 2009 WL 2993733
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiff had an inadequate understanding of the consequences of conversion because defendant did provide notice under Local Civil Rule 12.1
- holding that 7 a pro se plaintiff was entitled to an opportunity to take relevant discovery before the district court 8 converted a motion for judgment on the pleadings into a motion for summary judgment
- requiring inmates to “us[e] all steps that the agency holds out, and do[ ] so properly ” (internal quotation marks omitted)
- reversing for lack of Vital notice where the district court relied upon affidavits submitted earlier in the litigation
- vacating and remanding where defendants’ Rule 12 motion “present[ed] matters outside the pleadings” but “the defendants[] [had not] ever explained to [the pro se plaintiff] the nature or consequences of summary judgment”
- vacating district court judgment, despite plaintiffs submission of affidavits in support of his claims, because there was “no indication that [he] understood that his affidavits would be his last chance to submit evidence related to exhaustion”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jacobs, Chief Judge, Walker, and Leval, Circuit Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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