Halton v. Swain et al
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
RICHARD SWAIN, Jail Administrator,
Cleburne County Detention Center, et al.
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
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.
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:
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.
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
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