Garrett v. Guy et al

Filing 23

ORDER directing the Plaintiff to file within 30 days of the entry of this Order, a Response to 19 , 20 and 21 as instructed 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 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 06/18/2014. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

VICTORIA DIANE GARRETT,
ADC #708139
V.

PLAINTIFF

1:13CV00110 JLH/JTR

GUY, Deputy Warden,
McPherson Unit, ADC, et al.

DEFENDANTS

ORDER
Defendants Richard Guy, Nuzuhal Faust, Aundrea Weekly and Ponchitta Noles
have filed a Motion for Summary Judgment on the issue of exhaustion, a Brief in
Support, and a Statement of Undisputed Facts. Docs. 19, 20, and 22. Plaintiff must
respond.
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
that must be resolved at a hearing or trial.

1

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.

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 in the Defendants’ Statement of Undisputed
Facts (Doc. 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 on documents that have
been previously filed in the record, 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:
1.

Plaintiff must file, within thirty days of the entry of this Order, a

Response to Defendants Richard Guy, Nuzuhal Faust, Aundrea Weekly and Ponchitta
Noles’ Motion for Summary Judgment and a separate Statements of Disputed Facts
that complies with the Fed. R. Civ. P. 56, Local Rule 56.1, and the instructions in this

2

If Plaintiff disputes any of the facts in Defendants’ Statements of Undisputed Facts, she
must identify each numbered paragraph that contains the facts he disputes and, for each paragraph,
explain why she disputes those facts.
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Order.
2.

Plaintiff is advised that the failure to timely and properly comply with

this Order will result in: (a) all of the facts 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 18th day of June, 2014.

UNITED STATES MAGISTRATE JUDGE

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