Scott v. Hobbs et al

Filing 139

ORDER directing the Plaintiff to file, within 30 days, separate Responses to 131 and 134 , as well as separate Statements of Disputed Facts that comply with the instructions set forth in this Order; and Plaintiff is advised that the failure to timely and properly comply with this Order will result in: (a) all of the facts in 131 and 134 be deemed admitted by Plaintiff; or (b) the dismissal of this action, without prejudice. Signed by Magistrate Judge J. Thomas Ray on 03/11/2014. (kcs)

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

DEVERICK SCOTT,
ADC #131042
V.

PLAINTIFF
2:12CV00229 DPM/JTR

DANNY BURL, Warden,
East Arkansas Regional Unit, ADC, et al.

DEFENDANTS

ORDER
The ADC and the Medical Defendants have filed separate Motions for
Summary Judgment, Briefs, and Statements of Undisputed Facts. Docs. 131 through
136. Plaintiff must file separate Responses.
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
that must be resolved at a hearing or trial.
Furthermore, pursuant to Local Rule 56.1, Plaintiff must also separately file

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.

Statements of Disputed Facts, which lists: (a) any disagreement he has with the
specifically numbered factual assertions in each of the Defendants’ Statement of
Undisputed Facts (Docs. 133 & 135) 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,

separate Responses to the ADC Defendants’ and the Medical Defendants' Motions for
Summary Judgment, as well as separate Statements of Disputed Facts that comply
with the Fed. R. Civ. P. 56, Local Rule 56.1, and the instructions set forth in this
Order.

2

If Plaintiff disputes any of the facts in the ADC Defendants’ or the Medical 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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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 11th day of March, 2014.

UNITED STATES MAGISTRATE JUDGE

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