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)Annotate this Case
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.
VACATED and REMANDED.