Eric W. Zessman, Plaintiff-appellant, v. Stewart L. Bell; District Attorney, Defendants-appellees, 85 F.3d 639 (9th Cir. 1996)
Annotate this CaseBefore: BROWNING, REINHARDT and FERNANDEZ, Circuit Judges.
MEMORANDUM**
Nevada state prisoner Eric W. Zessman appeals pro se the district court's summary judgment dismissal of his 42 U.S.C. § 1983 action. We vacate and remand pursuant to Lucas v. California Dep't of Corrections, 66 F.3d 245, 248 (9th Cir. 1995) (district court must give pro se litigant notice prior to treating a motion to dismiss as one for summary judgment) and Arreola v. Mangaong, 65 F.3d 801, 802 (9th Cir. 1995) (district court must advise pro se prisoner litigants that Fed. R. Civ. P. 56 requires submission of responsive evidence in opposition to a summary judgment motion).
VACATED and REMANDED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.