M.B. 11072-054 v. R.M. Reish, Warden, M.C.C. N.Y. Waliyd A. Muhammed, Unit Manager Doug Reed, Health Servs. Admin. Frank E. Harper, Discipline Hearing Officer Robert Parrish, Special Investigative Agent Caren L. Gibson Emelio Ortiz, Corr. Couns. Patrick Flynn, Educ. Dep't F. Briggs, Lieutenant John (1-5) Doe, 119 F.3d 230 (2d Cir. 1997). · Go Syfert
M.B. 11072-054 v. R.M. Reish, Warden, M.C.C. N.Y. Waliyd A. Muhammed, Unit Manager Doug Reed, Health Servs. Admin. Frank E. Harper, Discipline Hearing Officer Robert Parrish, Special Investigative Agent Caren L. Gibson Emelio Ortiz, Corr. Couns. Patrick Flynn, Educ. Dep't F. Briggs, Lieutenant John (1-5) Doe, 119 F.3d 230 (2d Cir. 1997). Cases Citing This Book View Copy Cite
73 citation events (60 in the last 25 years) across 8 distinct courts.
Strongest positive: Kenneth Tatum v. Det. Robert Dorr, Det. Brian Stevens, P.O. Francis Ambrosio, P.O. Ryan Connors, P.O. Kevin Kumpfbeck, and Alfredo E. Alvarado (nyed, 2025-11-06)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (rule) Kenneth Tatum v. Det. Robert Dorr, Det. Brian Stevens, P.O. Francis Ambrosio, P.O. Ryan Connors, P.O. Kevin Kumpfbeck, and Alfredo E. Alvarado
E.D.N.Y · 2025 · confidence medium
In the Second Circuit, a district court cannot grant a motion for summary judgment in a case involving a pro se litigant unless: (1) the court apprises the pro se litigant of the consequences of failing to respond to the motion, see Ruotolo v. Internal Revenue Service, 28 F.3d 6, 8 (2d Cir. 1994); (2) an opposing party has already provided the pro se litigant with the requisite notice, see Champion v. Artuz, 76 F.3d 483, 486 (2d Cir. 1996); or, (3) it is clear that the pro se litigant understands “the nature and consequences of summary judgment.” M.B. #11072-054 v. Reish, 119 F.3d 230, 232…
discussed Cited as authority (rule) Darnell R. Hicks v. Detective Chavez
S.D.N.Y. · 2025 · confidence medium
Accordingly, the Second Circuit has recognized exceptions to this obligation when the moving party has provided the pro se litigant with the requisite notice through other means, see Champion v. Artuz, 76 F.3d 483, 486 (2d Cir. 1996), or when the pro se litigant responds to the summary judgment motion with factual and legal submissions indicating that he understood the nature and consequences of summary judgment and “the need to set forth all available evidence demonstrating a genuine dispute over material facts,” Reish, 119 F.3d at 232.
discussed Cited as authority (rule) Lifchits v. Key 4U Transporation Corp. Bus
E.D.N.Y · 2023 · confidence medium
However, “the Second Circuit has recognized exceptions to this obligation when the moving party has provided the pro se litigant with the requisite notice through other means, or when the pro se litigant responds to the summary judgment motion with factual and legal submissions indicating that he understood the nature and consequences of summary judgment and ‘the need to set forth all available evidence demonstrating a genuine dispute over material facts.’” Etere, 2023 WL 5881186 , at *2 (citing Champion v. Artuz, 76 F.3d 483, 486 (2d Cir. 1996); quoting M.B. #11072-054 v. Reish, 119 F…
discussed Cited as authority (rule) Etere v. Nassau County
E.D.N.Y · 2023 · confidence medium
In the Second Circuit, a district court cannot grant a motion for summary judgment in a case involving a pro se litigant unless (1) the court apprises the pro se litigant of the consequences of failing to respond to the motion, see Ruotolo v. IRS, 28 F.3d 6, 8 (2d Cir.1994); 1 (2) an opposing party has already provided the pro se litigant with the requisite notice, see Champion v. Artuz, 76 F.3d 483, 486 (2d Cir. 1996); or (3) it is clear that the pro se litigant understands “the nature and consequences of summary judgment”, see M.B. # 11072–054 v. Reish, 119 F.3d 230, 232 (2d Cir. 1997)…
discussed Cited as authority (rule) Vidal v. The State of New York
S.D.N.Y. · 2023 · confidence medium
Local Rule 56.2 Requirements In the Second Circuit, a district court cannot grant a motion for summary judgment in a case involving a pro se litigant unless (1) the court apprises the pro se litigant of the consequences of failing to respond to the motion, see Ruotolo v. IRS, 28 F.3d 6, 8 (2d Cir.1994); (2) an opposing party has already provided the pro se litigant with the requisite notice, see Champion v. Artuz, 76 F.3d 483, 486 (2d Cir. 1996); or (3) it is clear that the pro se litigant understands “the nature and consequences of summary judgment”, see M.B. # 11072–054 v. Reish, 119 F…
discussed Cited as authority (rule) Gil-Cabrera v. Department of Corrections
S.D.N.Y. · 2023 · confidence medium
Separately, a district court may not grant summary judgment in a case involving a pro se litigant unless (1) the court apprises the pro se litigant of failing to respond to the motion, (2) an opposing party has already provided the pro se litigant with the requisite notice, or (3) it is clear that the pro se litigant understands “the nature and consequences of summary judgment.” See Ruotolo v. IRS, 28 F.3d 6, 8 (2d Cir. 1994); Champion v. Artuz, 76 F.3d 483, 486 (2d Cir. 1996); M.B. # 11072–054 v. Reish, 119 F.3d 230, 232 (2d Cir. 1997).
discussed Cited as authority (rule) Reynolds v. Federal Bureau of Prisons
S.D.N.Y. · 2023 · confidence medium
Prior to filing their motion for summary judgment, Defendants served Plaintiff a “Notice to Pro Se Litigant Pursuant to Local Civil Rules 12.1 and 56.2.” 1 (ECF Nos. 56, 71.) In support 1 In the Second Circuit, a district court cannot grant a motion for summary judgment in a case involving a pro se litigant unless (1) the court apprises the pro se litigant of the consequences of failing to respond to the motion, see Ruotolo v. IRS, 28 F.3d 6, 8 (2d Cir. 1994); (2) an opposing party has already provided the pro se litigant with the requisite notice, see Champion v. Artuz, 76 F.3d 483, 486 (…
discussed Cited as authority (rule) Johnson v. Reed
S.D.N.Y. · 2023 · confidence medium
(Id.) Defendant Reed reported that Ms. Bartholomew “showed redness, swelling and a small amount of blood to her mouth/nose area” and that A.B. “showed swelling and redness to the area she was struck and . . . complained of discomfort.” (Reed Affidavit Exhibit C.) se litigant understands “the nature and consequences of summary judgment,” see M.B. # 11072–054 v. Reish, 119 F.3d 230, 232 (2d Cir. 1997).
discussed Cited as authority (rule) Carzoglio v. Paul
S.D.N.Y. · 2022 · confidence medium
In the Second Circuit, a district court cannot grant a motion for summary judgment in a case involving a pro se litigant unless (1) the court apprises the pro se litigant of the consequences of failing to respond to the motion, see Ruotolo v. IRS, 28 F.3d 6, 8 (2d Cir. 1994); (2) an opposing party has already provided the pro se litigant with the requisite notice, see Champion v. Artuz, 76 F.3d 483, 486 (2d Cir. 1996); or (3) it is clear that the pro se litigant understands “the nature and consequences of summary judgment,” see M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir. 1997).
discussed Cited as authority (rule) Phipps v. Experian
S.D.N.Y. · 2022 · confidence medium
In the Second Circuit, a district court cannot grant a motion for summary judgment in a case involving a pro se litigant unless (1) the court apprises the pro se litigant of the consequences of failing to respond to the motion, see Ruotolo v. IRS, 28 F.3d 6, 8 (2d Cir.1994); (2) an opposing party has already provided the pro se litigant with the requisite notice, see Champion v. Artuz, 76 F.3d 483, 486 (2d Cir. 1996); or (3) it is clear that the pro se litigant understands “the nature and consequences of summary judgment”, see M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir. 1997).
discussed Cited as authority (rule) Graves v. Corr. Med. Serv.
2d Cir. · 2016 · confidence medium
However, where “a pro se litigant has demonstrated a clear understanding of the nature and consequences of a summary judgment motion and ‘the need to set forth all available evidence demonstrating a genuine dispute over material facts,’ failure to provide proper notice will be deemed harmless.” Id. (quoting M.B. # 11072‐054 v. Reish, 119 F.3d 230, 232 (2d Cir. 1997) (per curiam)).
discussed Cited as authority (rule) Graves v. Correctional Medical Service
2d Cir. · 2016 · confidence medium
However, where "a pro se litigant has demonstrated a clear understanding of the nature and consequences of a summary judgment motion and ‘the need to set forth all available evidence demonstrating a genuine dispute over material facts,' failure to provide proper notice will be deemed harmless.” Id. (quoting M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir. 1997) (per curiam)).
discussed Cited as authority (rule) Elastic Wonder, Inc. v. Posey
S.D.N.Y. · 2016 · confidence medium
Corp., No. 15-679, 2016 WL 1055780 , at *1 (2d Cir. Mar. 17, 2016) (summary order) (finding the record made clear that the pro se party understood the nature of a summary judgment motion because the party submitted an opposition that cited to the district court’s Local Rule 56.1, a statement of disputed facts, and over 300 pages of exhibits); M.B. # 11072-054 v. Reish, 119 F.3d 230, 231 (2d Cir.1997) (per curiam).
discussed Cited as authority (rule) Davila v. Uconn Med. Ctr. (2×) also: Cited "see"
2d Cir. · 2009 · confidence medium
Taking into account “the nature of the papers submitted by the litigant and the assertions made therein as well as the litigant’s participation in proceedings before the District Court,” Vital, 168 F.3d at 621 , we conclude that Davila knew that he was required to present evidence supporting his factual allegations, and the lack of Vital notice was harmless, see M.B. #11072-051, 119 F.3d at 232; Jova v. Smith, 582 F.3d 410, 414 (2d Cir.2009) (finding that the lack of Vital notice was harmless under similar circumstances).
discussed Cited as authority (rule) Davila v. Uconn Med. Ctr. (2×) also: Cited "see"
2d Cir. · 2009 · confidence medium
Taking into account “the nature of the papers submitted by the litigant and the assertions made therein as well as the litigant’s participation in proceedings before the District Court,” Vital, 168 F.3d at 621 , we conclude that Davila knew that he was required to present evidence supporting his factual allegations, and the lack of Vital notice was harmless, see M.B. #11072-051, 119 F.3d at 232; Jova v. Smith, 582 F.3d 410, 414 (2d Cir.2009) (finding that the lack of Vital notice was harmless under similar circumstances).
discussed Cited as authority (rule) Jova v. Smith (2×) also: Cited "see"
2d Cir. · 2009 · confidence medium
Taking into account “the nature of the papers submitted by the litigant and the assertions made therein as well as the litigant’s participation in proceedings before the District Court,” Vital, 168 F.3d at 621 , we, therefore, find that the Plaintiffs knew that they were required to present evidence supporting their factual allegations (and, in fact, did so), and that the lack of Vital notice was harmless, see M.B. #11072-054, 119 F.3d at 232.
discussed Cited as authority (rule) Hynard v. County of Suffolk
2d Cir. · 2002 · confidence medium
Hynard thus demonstrated that he “understood the consequences of a sum mary judgment motion and the requirements of a successful response.” See M.B. #11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir.1997) (per curiam).
discussed Cited as authority (rule) Johnson v. Buffalo Police Department
2d Cir. · 2002 · confidence medium
See Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir.2000) (summary judgment was appropriate when the pro se litigant filed a 17-page detailed affirmation of her version of the facts); Sawyer, 180 F.3d at 36 (pro se litigant understood consequences when the litigant submitted a “summary” containing conclusory allegations of a conspiracy against him and other documents in an attempt to prove such conspiracy, and his papers stated that he “looked forward to trial”); M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir. 1997) (no reversal required where the pro se litigant’s submissions inc…
discussed Cited as authority (rule) Bourdon v. Loughren
2d Cir. · 2001 · confidence medium
In M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir.1997) (per curiam), we held that a pro se litigant had adequate notice of the consequences of summary judgment where the litigant: (1) filed a 27 page declaration of facts with 104 pages of exhibits in response to his adversary’s motion for summary judgment; (2) filed a 40 page memorandum of law and a cross-motion for summary judgment; (3) filed a counterstatement of facts pursuant to local rules in the Southern District of New York; and (4) argued in his court filings that “there seems to exist a material issue of fact which presents…
discussed Cited as authority (rule) Richard Dean Sawyer, III v. American Federation of Government Employees, Afl-Cio and John Sturdivant (2×) also: Cited "see"
2d Cir. · 1999 · confidence medium
We have recognized exceptions to this obligation of a district court when the moving party has provided the pro se litigant *35 with the requisite notice, see Champion v. Artuz, 76 F.3d 483, 486 (2d Cir.1996), or when the pro se litigant responds to the summary judgment motion with factual and legal submissions indicating that he understood the nature and consequences of summary judgment and “the need to set forth all available evidence demonstrating a genuine dispute over material facts,” M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir.1997).
examined Cited as authority (rule) Coleman Vital v. Interfaith Medical Center and Local 1199 (3×) also: Cited "see"
2d Cir. · 1999 · confidence medium
At the same time, we have recognized that a District Court need not advise a pro se litigant as to the nature of summary judgment where an opposing party has already provided the litigant with the requisite notice, see Champion v. Artuz, 76 F.3d 483, 486 (2d Cir.1996) (per curiam), or where the record otherwise makes clear that the litigant understood the nature and consequences of summary judgment, see M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir.1997) (per curiam).
discussed Cited as authority (rule) Peter Castellano v. The City of New York, Ronald Graboski v. Rudolph Guiliani, Alphonse Adornetti v. New York City Employees Retirement System, John A. Clifford v. New York Police Pension Fund, Serafino F. Velardi v. The New York City Fire Department Pension Fund
2d Cir. · 1998 · confidence medium
Co. v. Merrill Lynch & Co., 32 F.3d 697 , 699-700 (2d Cir.1994) (district courts consider only allegations in complaint in deciding 12(b)(6) motions); M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir.1997) (district court's discovery rulings "reversed only upon a clear showing of an abuse of discretion.") (internal quotation marks omitted).
discussed Cited "see" Haocheng v. YouTube Inc.
D. Conn. · 2024 · signal: see · confidence high
See M.B. v. Reish, 119 F.3d 230 , 232 (2d Cir. 1997) (affirming grant of summary judgment against pro se litigant where the record made clear the litigant understood the nature and consequences of summary judgment); compare McPherson v. Coombe, 174 F.3d 276 , 281 (2d Cir. 2009) (holding plaintiff did not clearly demonstrate understanding of summary judgment process when he only mentioned Rule 56 in passing, and stated he would submit a supporting affidavit but never did).4 Federal Rule of Civil Procedure 56(a) provides, in relevant part, that a court “shall grant summary judgment if the mova…
discussed Cited "see" Abdiel Echeverria v. BAC Home Loans Servicing, LP
11th Cir. · 2013 · signal: see · confidence high
See M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2nd Cir.1997) (failure to provide pro se litigant with Rule 56 notice is not reversible error when the litigant “responds to the summary judgment motion with factual and legal submissions indicating that he understood the nature and consequences of summary judgment and ‘the need to set forth all available evidence demonstrating a genuine dispute over material facts’ ”).
discussed Cited "see" Bhatia v. City of Shelton
2d Cir. · 2010 · signal: see · confidence high
See M.B. v. Reish, 119 F.3d 230 , 232 (2d Cir.1997) (per curiam) (finding that a pro se litigant who filed a 27-page declaration of facts with 104 pages of exhibits, a 40-page memorandum of law, a cross-motion for summary judgment, and a request for additional discovery understood the nature and consequences of summary judgment).
cited Cited "see" Liggins v. Griffo
2d Cir. · 2009 · signal: see · confidence high
See M.B. #11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir.1997) (per curiam).
discussed Cited "see" Wali v. Chelsea Plastics
2d Cir. · 2009 · signal: see · confidence high
See M.B. #11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir.1997) (per curiam) (finding that a pro se litigant who filed a 27-page declaration of facts with 104 pages of exhibits, a 40-page memorandum of law, a cross-motion for summary judgment, and a request for additional discovery understood the nature and consequences of summary judgment).
discussed Cited "see" Wali v. Chelsea Plastics
2d Cir. · 2009 · signal: see · confidence high
See M.B. #11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir.1997) (per curiam) (finding that a pro se litigant who filed a 27-page declaration of facts with 104 pages of exhibits, a 40-page memorandum of law, a cross-motion for summary judgment, and a request for additional discovery understood the nature and consequences of summary judgment).
discussed Cited "see" Keesh v. Smith
2d Cir. · 2009 · signal: see · confidence high
See M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir. 8 1997) (finding that a pro se litigant who filed a 27-page declaration of facts with 104 pages of 9 exhibits, a 40-page memorandum of law, and a cross-motion for summary judgment understood 10 the nature and consequences of summary judgment). 11 Here, there is no indication that Defendants or the district court gave Plaintiffs a proper 12 Vital notice.
cited Cited "see" Thomsen v. County of Erie New York
2d Cir. · 2006 · signal: see · confidence high
See M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir.1997); see also Sawyer v. Am.
discussed Cited "see" Abodeen v. Bufardi
2d Cir. · 2003 · signal: see · confidence high
See M.B. v. Reish, 119 F.3d 230 , 232 (2d Cir.1997) (holding that a pro se litigant had adequate notice where he demonstrated his understanding of Rule 56 by submitting an extensive response to a summary judgment motion that included the statement that "there seems to exist a material issue of fact which presents a genuine issue to be tried, which precludes summary judgment’ ’).
discussed Cited "see" Trammell v. Keane
2d Cir. · 2003 · signal: see · confidence high
See M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir.1997) (where prisoner's Section 1983 claims are insufficient as a matter of law and the record before the district court sufficient, denial of discovery is not a basis for vacatur).
discussed Cited "see" Trammell v. Keane
2d Cir. · 2003 · signal: see · confidence high
See M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir.1997) (where prisoner's Section 1983 claims are insufficient as a matter of law and the record before the district court sufficient, denial of discovery is not a basis for vacatur).
discussed Cited "see" Schafler v. Summer (2×) also: Cited "see, e.g."
2d Cir. · 2003 · signal: see · confidence high
See M.B. #11072-054, v. Reish, 119 F.3d 230, 232 (2d Cir.1997).
cited Cited "see" Hendricks
2d Cir. · 2001 · signal: see · confidence high
See M.B. v. Reish, 119 F.3d 230 , 232 (2d Cir.1997).
cited Cited "see, e.g." Willie Thomas Gosier v. David J. Collins et al.
N.D.N.Y. · 2026 · signal: see, e.g. · confidence low
See, e.g., M.B. v. Reish, 119 F.3d 230 , 232 (2d Cir. 1997).
cited Cited "see, e.g." Nicholas Oudekerk v. Glens Falls Police Officer Doe 1, et al.
N.D.N.Y. · 2025 · signal: see, e.g. · confidence medium
See, e.g., M.B. v. Reish, 119 F.3d 230, 232 (2d Cir. 1997).
cited Cited "see, e.g." Matthew Loveall v. Tyler Walker et al.
N.D.N.Y. · 2025 · signal: see, e.g. · confidence low
See, e.g., M.B. v. Reish, 119 F.3d 230 , 232 (2d Cir. 1997).
cited Cited "see, e.g." Dotson v. Griesa
2d Cir. · 2005 · signal: see, e.g. · confidence medium
See, e.g., M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir.1997) (per curiam); Flaherty v. Coughlin, 713 F.2d 10, 13 (2d Cir.1983).
cited Cited "see, e.g." Dotson v. Griesa
2d Cir. · 2005 · signal: see, e.g. · confidence medium
See, e.g., M.B. # 11072-054 v. Reish, 119 F.3d 230, 232 (2d Cir.1997) (per curiam); Flaherty v. Coughlin, 713 F.2d 10, 13 (2d Cir.1983).
cited Cited "see, e.g." First City, Texas-Houston, N.A. v. Rafidain Bank, Central Bank of Iraq
1st Cir. · 1998 · signal: see, e.g. · confidence low
See, e.g., M.B. v. Reish, 119 F.3d 230 , 232 (2d Cir.1997).
Retrieving the full opinion text from the archive…
M.B. 11072-054
v.
R.M. Reish, Warden, M.C.C. N.Y. Waliyd A. Muhammed, Unit Manager Doug Reed, Health Services Administration Frank E. Harper, Discipline Hearing Officer Robert Parrish, Special Investigative Agent Caren L. Gibson Emelio Ortiz, Correction Counselor Patrick Flynn, Education Department F. Briggs, Lieutenant John (1-5) Doe
1814.
Court of Appeals for the Second Circuit.
Jul 30, 1997.
119 F.3d 230
Published

119 F.3d 230

M.B. # 11072-054, Plaintiff-Appellant,
v.
R.M. REISH, Warden, M.C.C. N.Y.; Waliyd A. Muhammed, Unit
Manager; Doug Reed, Health Services Administration; Frank
E. Harper, Discipline Hearing Officer; Robert Parrish,
Special Investigative Agent; caren l. gibson; Emelio
Ortiz, Correction Counselor; Patrick Flynn, Education
Department; F. Briggs, Lieutenant; John (1-5) Doe,
Defendants-Appellees.

No. 1814, Docket 96-2347.

United States Court of Appeals,
Second Circuit.

Argued July 18, 1997.
Decided July 30, 1997.

Omid Zareh, Coudert Brothers, New York City (Douglas F. Broder, of counsel), for Plaintiff-Appellant.

Marianne T. O'Toole, Assistant United States Attorney, Southern District of New York, New York City (Mary Jo White, United States Attorney, Gideon A. Schor, Assistant United States Attorney, of counsel), for Defendants-Appellees.

Before: WINTER, Chief Judge, JACOBS and LEVAL, Circuit Judges.

PER CURIAM.

1

M.B., a prisoner in the United States Witness Protection Program, appeals from Judge Knapp's adverse grant of summary judgment. M.B. alleges violations of his rights under the Fifth, Eighth and Fourteenth Amendments in connection with prison disciplinary actions taken by appellees, all present or former employees of the Federal Bureau of Prisons. The claims arise out of incidents that occurred in 1994 and 1995 while M.B. was incarcerated at the Metropolitan Correctional Center in Manhattan.

2

We have already rejected a number of M.B.'s claims in a previous decision rendered by summary order. M.B. # 11072-054 v. R.M. Reish, et al., No. 96-2347 (2d Cir. Dec.27, 1996). In the instant appeal, M.B. argues that Judge Knapp's grant of summary judgment should be reversed on the grounds that the district court erred in not giving M.B., then a pro se litigant, adequate notice of the consequences of an insufficient response to a motion for summary judgment and in staying M.B.'s discovery requests. We disagree.

3

Appellant claims that Ruotolo v. IRS, 28 F.3d 6 (2d Cir.1994), in which we reversed a grant of summary judgment that had been entered against pro se plaintiffs for failure to respond to the motion, mandates reversal in the instant case. We reversed a grant of summary judgment in Ruotolo on the ground that the trial court had not advised the pro se plaintiffs that their case would be dismissed if they did not respond to the summary judgment motion. 28 F.3d at 8. See also Champion v. Artuz, 76 F.3d 483 (2d Cir.1996). Ruotolo and Champion do not, however, mandate reversal in the instant case where appellant did in fact respond to the opposing motion for summary judgment and where the record is clear that he understood the need to set forth all available evidence demonstrating a genuine dispute over material facts.

4

There is no requirement that the district court affirmatively advise the pro se litigant of the nature and consequences of a summary judgment motion if the pro se litigant has otherwise been adequately notified or is already aware of such consequences. In Champion we held that an "easily comprehensible notice from the party moving for summary judgment would suffice," Champion, 76 F.3d at 486, and in Ruotolo we explicitly grounded our reversal of summary judgment on the basis that the plaintiffs "did not understand the district court's procedure with respect to summary judgment motions," Ruotolo, 28 F.3d at 9.

5

Unlike the plaintiffs in both Ruotolo and Champion, M.B. responded to the motion for summary judgment with a 27-page declaration of facts with 104 pages of exhibits, a 40-page memorandum of law, a cross-motion for summary judgment in plaintiff's favor, a counter "3(g) statement" of facts pursuant to the local rules of the Southern District, and a request for further discovery. Furthermore, in his papers M.B. made it clear that he understood the consequences of a summary judgment motion and the requirements of a successful response. M.B. states that his papers were intended to show "clear factual disputes preventing summary judgement," that he was addressing appellees' assertions and "providing documentary support" for his counter-assertions "whenever and where ever [sic] possible," and that "there seems to exist a material issue of fact which presents a genuine issue to be tried, which precludes summary judgment." We therefore hold that M.B. had adequate notice of the requirements of a summary judgment motion and of the failure to sufficiently respond to such a motion.

6

We similarly reject M.B.'s contention that he was improperly denied discovery by the district court pending resolution of the summary judgment motion. We have held that a "trial court enjoys wide discretion in its handling of pre-trial discovery, and its rulings with regard to discovery are reversed only upon a clear showing of an abuse of discretion." Cruden v. Bank of New York, 957 F.2d 961, 972 (2d Cir.1992). For the most part, M.B.'s claims were insufficient as a matter of law or could not have been aided by discovery. For example, his Eighth Amendment claims required a showing of deliberate indifference by prison officials, Wilson v. Seiter, 501 U.S. 294, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991), and the record before the district court was sufficient for it to conclude that no amount of discovery would breathe life into them. The only claim that might arguably have benefited from discovery was the claim asserted against Caren Gibson that she had retaliated against M.B. by instructing an inmate--with whom she was allegedly having an affair--to assault M.B. However, M.B. offered no evidence in support of this claim other than his own statements, which he conceded were not based on personal knowledge. Further, he told Judge Knapp that the inmate would not give sworn evidence of the alleged instructions in the instant matter. Judge Knapp's denial of discovery was therefore within his discretion because M.B. failed to present any credible basis to suggest that discovery would produce favorable evidence relating to this claim. Indeed, M.B.'s requests for discovery seem not to have been directed to the retaliation claim.

7

We therefore affirm.