Kent W. Porter, Sr., Plaintiff-appellant, v. Joan K. Ortiz; Diann A. Smith; Danny K. Marshall,defendants-appellees, 95 F.3d 1158 (9th Cir. 1996)

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

MEMORANDUM^** 

Kent W. Porter, Sr., a Washington state prisoner, appeals pro se the district court's summary judgment in his action alleging that Steilacoom Indian Tribe Chairperson Joan Ortiz, Vice-Chairman Danny Marshall, and Secretary Diann Smith conspired with officials of the Bureau of Indian Affairs to deprive Porter of his First Amendment rights by warning Porter to cease communicating with federal officials and by threatening to alienate him from the tribe if he continued to refer to himself as "Chief."

We are compelled by Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988), to vacate and remand because the district court did not advise Porter, a pro se litigant, of the requirements of the summary judgment rule, Fed. R. Civ. P. 56. See Arreola v. Mangaong, 65 F.3d 801 (9th Cir. 1995).

VACATED and REMANDED.