Halton v. Swain et al

Filing 24

ORDER directing Plaintiff to file within 30 days a Response to 22 MOTION for Summary Judgment filed by Teresa Vaughn, Diane Lackey, Richard Swain, Kim Rackley that complies with the Local Rule and the instructions in this order. Signed by Magistrate Judge J. Thomas Ray on 03/06/2015. (kcs)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION CHRISTINE HALTON, ADC #706236 V. PLAINTIFF 1:14CV00118 JTR RICHARD SWAIN, Jail Administrator, Cleburne County Detention Center, et al. DEFENDANTS ORDER Defendants have filed a Motion for Summary Judgment and a Brief in Support arguing that they are entitled to judgment, as a matter of law, because Plaintiff failed to exhaust his administrative remedies. Docs. 22 & 23. Plaintiff must respond to 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 his 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. Finally, Plaintiff is advised that if he intends to rely on documents that have been previously filed in the record, he 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’ Motion for Summary Judgment that complies with the Fed. R. Civ. P. 56, Local Rule 56.1, and the instructions in this 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 6th day of March, 2015. ____________________________________ UNITED STATES MAGISTRATE JUDGE -2-

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