FILED
NOT FOR PUBLICATION MAR 04 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
QUINCY WINSTON ADAMS, No. 09-55268
Plaintiff - Appellant, D.C. No. 2:07-cv-02215-AHS-SS
v.
MEMORANDUM *
SHELDON BROOKS, DDS; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Alicemarie H. Stotler, District Judge, Presiding
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Quincy Winston Adams, a California state prisoner, appeals pro se from the
district court’s summary judgment in his 42 U.S.C. § 1983 action alleging
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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deliberate indifference to his dental needs in violation of the Eighth Amendment.
We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Sorrels v.
McKee, 290 F.3d 965, 969 (9th Cir. 2002), and we vacate and remand.
The record does not indicate that the district court provided Adams with any
notice under Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (en banc). Further,
the error was not harmless because it does not appear that Adams had recently
received a Rand notice in any other litigation, and the record does not disclose that
he had a complete understanding of the requirements of Federal Rule of Civil
Procedure 56. See id. at 961-62.
Each party shall bear its own costs on appeal.
VACATED and REMANDED.
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09-55268