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GARAUX v. PULLEY

Nos. 83-2076, 83-2236.

739 F.2d 437 (1984)

Randolph GARAUX, Plaintiff-Appellant, v. Reginald L. PULLEY, individually and in his official capacity as warden of the San Quentin State Prison; and J.W.L. Park, individually and in his official capacity as appeals investigator for the Department of Corrections, Defendants-Appellees. Randolph GARAUX, Plaintiff-Appellant, v. Reginald PULLEY, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 1, 1984.

Attorney(s) appearing for the Case

Randolph E. Garaux, in pro. per.

Paul D. Gifford, San Francisco, Cal., for defendants-appellees.

Before CHOY, PREGERSON and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

The issue presented on this appeal is whether the district court was required to provide explicit notice to Garaux, a pro se plaintiff, of its intent to transform defendants' motion to dismiss under Fed.R.Civ.P. 12(b)(6) into a motion for summary judgment under Fed.R.Civ.P. 56. We hold that it was.

Garaux was originally an inmate of the California Men's Colony (CMC) in San Luis Obispo, California. While at CMC he was placed...

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