Mike Hernandez, Plaintiff-appellant, v. Eddie Ylst, Warden, California Medical Facility; Kitchen,associate Warden; Carlson, Correctionalcounselor; Diaz, Correctionaladministrator; Tabilon, Staffpsychiatrist,defendants-appellees, 94 F.3d 651 (9th Cir. 1996)

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U.S. Court of Appeals for the Ninth Circuit - 94 F.3d 651 (9th Cir. 1996)

Submitted Aug. 12, 1996. *Decided Aug. 16, 1996

Before: BROWNING, SCHROEDER, and RYMER, Circuit Judges.


Mike Hernandez, a California state prisoner, appeals pro se the district court's summary judgment in favor of defendants in his 42 U.S.C. § 1983 action. We vacate the judgment and remand, because the district court failed to advise Hernandez of the requirements of Fed. R. Civ. P. 56. See Anderson v. Angelone, 86 F.3d 932, 935 (9th Cir. 1996); Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988).



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


On remand, the district court should consider the applicability, if any, of the Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (1996)