Smith v. Etter

Filing 46

ORDER, re 41 Defendant's MOTION for Summary Judgment, notifying Plaintiff of his opportunity to file a response w/i 10 days of this Order's entry date. Under Local Rule 56.1 of the Rules of the U.S. District Court for the Eastern District of Arkansas, Plaintiff is also advised to file a separate, short & concise statement setting forth the facts which he thinks need to be decided at a trial. Signed by Magistrate Judge Beth Deere on 6/10/09. (jct)

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IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS J O N E S B O R O DIVISION C O R N E L I U S MARQUEL SMITH V. M I K E ETTER, et al. ORDER O n May 28, 2009, Defendant Etter filed a motion for summary judgment (docket e n try #41). Plaintiff has not responded to the motion. Plaintiff is hereby notified of his opportunity to file a response opposing D e f e n d a n t's motion for summary judgment within ten (10) days of this order's entry d a te .1 Plaintiff is advised that his response to Defendant's motion may include opposing o r counter-affidavits, executed by Plaintiff or other persons, which have either been s w o rn to under oath, i.e., notarized, or declared to under penalty of perjury in accordance w ith 28 U.S.C. 1746. Any affidavits submitted by Plaintiff must be based upon the No. 3:08CV0153 WRW-BD DEFENDANTS P L A IN T IF F P la in tif f is reminded of his responsibility to comply with Local Rule 5.5(c)(2) of th e Rules of the United States District Court for the Eastern District of Arkansas, which p ro v id e s that: "It is the duty of any party not represented by counsel to promptly notify th e Clerk and the other parties to the proceedings of any change in his or her address, to m o n ito r the progress of the case, and to prosecute or defend the action diligently. A party a p p e a rin g for himself/herself shall sign his/her pleadings and state his/her address, zip c o d e , and telephone number. If any communication from the Court to a pro se plaintiff is n o t responded to within thirty (30) days, the case may be dismissed without prejudice. Any party proceeding pro se shall be expected to be familiar with and follow the Federal R u le s of Civil Procedure." 1 personal knowledge of the person executing the affidavit. No affidavit or other document c o n ta in in g Plaintiff's allegations will be considered when determining the motion for s u m m a ry judgment unless it has been sworn to under oath or declared under penalty of p e r j u r y. U n d e r Local Rule 56.1 of the Rules of the United States District Court for the E a ste rn District of Arkansas, Plaintiff is also advised to file a separate, short and concise s ta te m e n t setting forth the facts which he thinks need to be decided at a trial. IT IS SO ORDERED this 10th day of June, 2009. ___________________________________ U N IT E D STATES MAGISTRATE JUDGE 2

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