Doss v. Maples et al
ORDER, directing the Plaintiff to file, within 30 days of this Order, a Response to Defendant's Motion for Summary Judgment 20 , 21 & 22 and a separate Statement of Disputed Facts as set forth in this Order. Failure to comply will result in (a) all facts set forth in Defendants' summary judgment papers being deemed admitted by Plaintiff or (b) the dismissal of this action, without prejudice. Signed by Magistrate Judge J. Thomas Ray on 06/26/2012. (kcs)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JOY D. DOSS,
JOHN MAPLES, Warden; and
DALE MORGAN, Mailroom Clerk,
McPherson Unit, ADC
On June 19, 2012, Defendants filed a Motion for Summary Judgment, a Brief
in Support, and a Statement of Undisputed Facts arguing that this case should be
dismissed due to Plaintiff’s failure to exhaust her administrative remedies. See docket
entries #20, #21, and #22. The Court concludes that a Response from Plaintiff would
be helpful to the resolution of that Motion.
At the summary judgment stage, a plaintiff cannot rest upon mere allegations
and, instead, must meet proof with proof. See Fed. R. Civ. P. 56(e). This means that
Plaintiff’s Response must include her legal arguments, as well as affidavits,1 prison
records, or other evidence establishing that there is a genuine issue of material fact
The affidavit must be based upon the personal knowledge of the person
executing the affidavit and must be either: (1) sworn and subscribed to by a notary
public; or (2) executed under penalty of perjury, as provided for by 28 U.S.C. § 1746.
that must be resolved at a hearing or trial.
Furthermore, pursuant to Local Rule 56.1, Plaintiff must also separately file a
Statement of Disputed Facts, which lists: (a) any disagreement she has with the
specifically numbered factual assertions contained in Defendants’ Statement of
Undisputed Facts (docket entry #22); and (b) any other disputed facts that she believes
must be resolved at a hearing or trial.2
Finally, Plaintiff is advised that if she intends to rely upon grievances or records
that have been previously filed with the Court, she must specifically refer to those
documents by docket number, page, date, and heading. The Court will not sift
through the file to find support for Plaintiff’s factual contentions. See Crossley v.
Georgia-Pacific, Corp., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (affirming the grant
of summary judgment because a plaintiff failed to properly refer to specific pages of
the record that supported his position).
IT IS THEREFORE ORDERED THAT:
Plaintiff shall file, within thirty days of the entry of the Order, a
Response to Defendants’ Motion for Summary Judgment and a separate Statement of
Disputed Facts that comply with the Fed. R. Civ. P. 56, Local Rule 56.1, and the
If Plaintiff disputes any of the facts set forth in Defendants’ Statement of
Undisputed Facts, she must identify each numbered paragraph that contains the facts
she disputes and, for each paragraph, explain why she disputes those facts.
instructions set forth in this Order.
Plaintiff is advised that the failure to timely and properly comply with
this Order will result in: (a) all of the facts set forth in Defendants’ summary judgment
papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c); or (b) the
dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2).
Dated this 26th day of June, 2012.
UNITED STATES MAGISTRATE JUDGE
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