Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Appeal from the United States District Court for the Northern District of California, Fern M. Smith, District Judge, Presiding.
Before REINHARDT, TROTT and MCKEOWN, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
California state prisoner Alfonso Geraldo Keer appeals pro se from the district court's summary judgment dismissal of his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, see Brydges v. Lewis, 18 F.3d 651, 652 (9th Cir.1994) (per curiam), and we vacate and remand.
An examination of the record reveals that the district court did not give Keer sufficient notice of his rights and obligations under Fed.R.Civ.P. 56. See Rand v. Rowland, 154 F.3d 952, 960-61 (9th Cir.1998) (en banc), petition for cert. filed, 67 U.S.L.W. 3561 (U.S. Mar. 2, 1999) (No. 98-1403). Accordingly, we vacate the grant of summary judgment for defendants and remand for further proceedings. See id. at 962.
No costs allowed in this appeal.
VACATED and REMANDED.