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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.