McWhirter v. Ramsey et al
Filing
69
ORDER directing the Plaintiff to file within 30 days a Response to 62 MOTION for Summary Judgment filed by Raylina Ramsey and 63 Statement of Disputed Facts. Plaintiff is further directed to file within 30 days a Response to the medical Defe ndants' 65 MOTION for Summary Judgment filed by Jennifer Horn, Billy Cowell, Emily Hopkins and 67 Statement of Disputed Facts, that comply with the instructions set forth in this Order. Plaintiff is advised that failure to timely and pro perly compy 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 10/22/2013. (kcs)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
MICKEY MCWHIRTER,
ADC #84977
V.
PLAINTIFF
2:12CV00199 SWW/JTR
RAYLINA RAMSEY,
Classification Officer, Grimes Unit, et al.
DEFENDANTS
ORDER
On October 21, 2013, separate Defendant Ramsey filed a Motion for Summary
Judgment, a Brief in Support, and a Statement of Undisputed Facts. Docs. 62, 63, &
64. On the same day, Defendants Cowell, Hopkins, and Horn ("medical Defendants")
filed a Motion for Summary Judgment, a Brief in Support, and a Statement of
Undisputed Facts. Docs. 65, 66, & 67. Plaintiff must respond to both Motions
separately.
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 Responses 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
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.
that must be resolved at a hearing or trial.
Furthermore, pursuant to Local Rule 56.1, Plaintiff must also file separate
Statements of Disputed Facts, which lists: (a) any disagreement he has with the
specifically numbered factual assertions in Defendant Ramsey's and the medical
Defendants' Statements of Undisputed Facts (Docs. 63 & 67); and (b) any other
disputed facts that he believes must be resolved at a hearing or trial.2
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 Defendant Ramsey’s Motion for Summary Judgment and a Statement of
Disputed Facts that comply with the Fed. R. Civ. P. 56, Local Rule 56.1, and the
2
If Plaintiff disputes any of the facts in Defendants’ Statement of Undisputed Facts, he must
identify each numbered paragraph that contains the facts he disputes and, for each paragraph, explain
why he disputes those facts.
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instructions set forth in this Order.
2.
Plaintiff must file, within thirty days of the entry of this Order, a
Response to the medical Defendants' Motion for Summary Judgment and a Statement
of Disputed Facts that comply with the Fed. R. Civ. P. 56, Local Rule 56.1, and the
instructions set forth in this Order.
3.
Plaintiff is advised that the failure to timely and properly do so 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 22nd day of October, 2013.
UNITED STATES MAGISTRATE JUDGE
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