Marc Edward Lee, Plaintiff-appellant, v. James Williamson, Defendant-appellee,andruben Nunez; Dianna Hollingsworth; City of Tucson; Fredkillion; Big Brother/big Sister of Tuscon, Acorporation; George Miller, Mayor, Cityof Tucson, Defendants, 112 F.3d 516 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 112 F.3d 516 (9th Cir. 1997) Submitted April 21, 1997. *Decided April 23, 1997

Before: BROWNING, THOMPSON, and HAWKINS, Circuit Judges.


Marc Edward Lee, an Arizona state prisoner, appeals pro se the district court's summary judgment for defendant Detective James Williamson in his 42 U.S.C. § 1983 action alleging that Williamson violated his constitutional rights by making deliberately false statements to obtain a search warrant. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we vacate and remand.

Before entering summary judgment, a district court must advise pro se prisoner litigants of the requirements of Fed. R. Civ. P. 56. See Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). Here, a review of the record reveals that the district court failed to given Lee the requisite notice. See Klingele, 849 F.2d at 411-12. Accordingly, we vacate the district court's summary judgment and remand with instructions to advise Lee of the requirements of Fed. R. Civ. P. 56. See id.



The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3