Chapulin v. Conmay

U.S. Court of Appeals for the Ninth Circuit December 19, 2007

Chapulin v. Conmay, 261 F. App'x 6 (9th Cir. 2007)

Opinion of the Court

MEMORANDUM **

Because the district court erred in granting summary judgment in favor of all defendants when defendants sought summary judgment only on claims involving three defendants, see Kelly v. Arriba Soft Corp., 336 F.3d 811, 822 (9th Cir. 2003), and in granting the motion merely because it was unopposed without considering whether genuine issues of material fact existed, see Henry v. Gill, 983 F.2d 943, 950 (9th Cir. 1993), we reverse and remand. Our determination moots the appeal from the denial of reconsideration.

REVERSED and REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name: Loren CHAPULIN William Mark Clarke Samuel Covelli Robert Humberto Guadalupe Craig Porhola Kevin Ranft Henry Rees John Richardson, Plaintiffs—Appellants v. Patrick J. CONMAY Jackie Crawford Charles McBurney State of Nevada James M. Schomig, Warden Glen Whorton, Defendants—Appellees
Status: Published