Harry Edward Burnsworth, Plaintiff-appellant, v. Dan Vanelli, Deputy Warden; Samuel A. Lewis, Director,adoc, Defendants-appellees, 103 F.3d 137 (9th Cir. 1996)

Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges.

MEMORANDUM^** 

Harry Burnsworth, an Arizona state prisoner, appeals pro se the district court's summary judgment in favor of prison officials in his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We vacate and remand for further proceedings.

Before entering summary judgment, district courts must advise pro se prisoners of the requirements of Fed. R. Civ. P. 56. Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). A review of the district court record reveals that the district court failed to give Burnsworth notice of the Rule 56 requirements. Accordingly, we vacate the district court's judgment. See id. On remand, the district court shall inform Burnsworth accordingly.

VACATED and REMANDED.