Timothy Lee Hurley, Plaintiff-appellant, v. J.h. Crabtree, Warden; Wait, Manager; Thompson, Casemanager; Joens, Counselor, Defendants-appellees, 89 F.3d 845 (9th Cir. 1996)

Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges.

MEMORANDUM^** 

Timothy Hurley, a federal prisoner at the time summary judgment was entered, appeals pro se the district court's summary judgment for prison officials in his 42 U.S.C. § 1983 action alleging that defendants were deliberately indifferent to his medical needs by exposing him to environmental tobacco smoke ("ETS") when they housed him with smoking cellmates. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's grant of summary judgment, McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir. 1992), and vacate and remand.

"District courts are obligated to advise prisoner pro se litigants of [Fed. R. Civ. P. ] 56 requirements." Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). A review of the district court record reveals that the district court never advised Hurley that, under Fed. R. Civ. P. 56(e), he had to submit responsive evidence to survive defendants' motion for summary judgment. Accordingly, we vacate the district court's summary judgment and remand with instructions to the district court to advise Hurley of the requirements of Rule 56. See id.

VACATED AND REMANDED.