Jimmie Earl Stephen, Plaintiff-appellant, v. K. Sparks, Legal Technician; A. Peterson, Senior Librarian;r.a. Ballard, Lt.; Pam Smith, Steward, Seniorstaff Counsel; J.t. Clarke, Litigationcoordinator, Defendants-appellees, 92 F.3d 1194 (9th Cir. 1996)

MEMORANDUM^** 

Jimmie Earl Stephen, a California state prisoner, appeals pro se the district court's summary judgment for prison officials in his 42 U.S.C. § 1983 action alleging a constitutionally-inadequate prison law library as well as racially-discriminatory practices in library staff hiring. We have jurisdiction pursuant to 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 we vacate and remand for further proceedings.

"District courts are obligated to advise prisoner pro per litigants of [Fed. R. Civ. P. ] 56 requirements." Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988); accord Anderson v. Angelone, 86 F.3d 932, 935 (9th Cir. 1996). A review of the district court record reveals that the district court never advised Stephen 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 instruction to the district court to advise Stephen of the requirements of Fed. R. Civ. P. 56. See Klingele, 849 F.2d at 411-12.

On remand, the district court should consider the applicability, if any, of the Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (1996).

VACATED and REMANDED.