Hart v. Beasley et al

Filing 46

ORDER, re 43 MOTION for Partial Summary Judgment filed by Sharon Beasley, advising Plaintiff that he may file a response within 14 days of the date of this Order. If Plaintiff files a response, he must also file a separate, short & concise statement setting out the facts which he thinks need to be decided at trial. Signed by Magistrate Judge Beth Deere on 11/30/2010. (jct)

Hart v. Beasley et al

Doc. 46

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 J E R R Y HART, A D C #92358 V. C A S E NO. 3:10CV00015 BD DEFENDANTS P L A IN T IF F

S H A R O N BEASLEY, et al.

ORDER

O n November 19, 2010, Defendant Beasley filed a motion for partial summary ju d g m e n t. (Docket entry #43) Plaintiff now has the opportunity to file a response o p p o sin g Defendant Beasley's motion. A response may be filed any time within fourteen (1 4 ) days of the date of this Order.1 P la in tif f 's response to the Defendant's motion may include opposing or countera f f id a v its , executed by Plaintiff or other persons, which have either been sworn to under o a th , i.e., notarized, or declared to under penalty of perjury in accordance with 28 U.S.C.

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 : "It is the duty of any party not represented by counsel to promptly notify the C le rk 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."

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§ 1746. Any affidavits submitted by Plaintiff must be based upon the personal knowledge o f the person executing the affidavit. No affidavit or other document containing P la in tif f 's allegations will be considered when determining the motion for summary ju d g m e n t unless it has been sworn to under oath or declared under penalty of perjury. 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, if Plaintiff files a response, he must also file a separate, s h o rt and concise statement setting out the facts which he thinks need to be decided at a tr ia l. IT IS SO ORDERED this 30th day of November, 2010.

___________________________________ U N IT E D STATES MAGISTRATE JUDGE

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