Natividad Guajardo, Plaintiff-appellant, v. A. Kuecker, C/0; Sgt. Anderson; Glen Johnson, Departmentalhearing Officer; Idoc, Defendants-appellees, 91 F.3d 152 (9th Cir. 1996)

MEMORANDUM^** 

Natividad Guajardo, an Idaho state prisoner, appeals pro se the district court's summary judgment for defendant prison officials in his 42 U.S.C. § 1983 civil rights action alleging due process violations in connection with his placement in disciplinary segregation. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416, 1421 (9th Cir. 1989), cert. denied, 496 U.S. 937 (1990), and we affirm in part, vacate in part, and remand.

Before entering summary judgment, " [d]istrict 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 Arreola v. Mangaong, 65 F.3d 801, 802 (9th Cir. 1995) (per curiam) (observing that Klingele compelled a vacation of the district court's judgment even where the prisoner pro se litigant arguably received notice of the requirements by the moving party's motion).

Here, a review of the record reveals that the district court failed to give Guajardo the requisite notice. See Klingele, 849 F.2d at 411-12. Accordingly, we vacate the district court's summary judgment and remand for further proceedings.

However, we affirm the district court's denial of Guajardo's motion for leave to amend his complaint to add additional claims after the magistrate filed his report and recommendation in the action. See McGlinchy v. Shell Oil Co., 845 F.2d 802, 809-10 (9th Cir. 1988) (finding no abuse of discretion in denial of leave to amend complaint where amendment sought to add new claims that would require additional discovery).

AFFIRMED IN PART, VACATED IN PART, AND REMANDED.