(DOWNLOAD) "Caudell v. Waters" by United States Court of Appeals for the Fourth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Caudell v. Waters
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 17, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Robert Clayton Caudell, a Virginia prisoner proceeding pro se, appeals from a district court order which, after construing
defendants' motions to dismiss and their accompanying affidavits as motions for summary judgment, granted summary judgment
for defendants in his 42 U.S.C. ร§ 1983 action. Under Rule 12(b) of the Federal Rules of Civil Procedure, when matters outside the pleadings are submitted with a motion
to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b)(6), "the motion shall be treated
as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity
to present all material made pertinent to such a motion by Rule 56." Summary judgment is inappropriate in a proceeding in
which a pro se plaintiff is not advised of his right to file counteraffidavits or other responsive materials or alerted to
the fact that his failure to respond might result in entry of summary judgment against him. Roseboro v. Garrison, 528 F.2d
398, 210 (4th Cir. 1975).