Warren v. Doe et al

Filing 35

ORDER allowing Mr. Warren to file a response opposing the motion 32 . To be considered, the response must be filed within fourteen days of this Order. If Mr. Warren files a response, he must also file a separate, short statement setting forth the d isputed facts that he believes must be decided at a trial. While Mr. Warren is not required to file a response to the Defendants' motion for summary judgment, if he does not respond, the Court can assume that the facts set out in the Defendants' Statement of Facts, 34 , are true. Signed by Magistrate Judge Beth Deere on 10/21/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
HENRY W. WARREN
V.

PLAINTIFF
CASE NO. 3:14-CV-128 KGB/BD

DOE, et al.

DEFENDANTS

ORDER
The Defendants have moved for summary judgment on all claims in this lawsuit.
(Docket entry #32) Mr. Warren now has an opportunity to file a response opposing the
motion. To be considered, the response must be filed within fourteen (14) days of this
Order.
In opposing the motion for summary judgment, Mr. Warren may attach affidavits
that he or others have signed. Because affidavits are sworn statements, they must be
either notarized or declared under penalty of perjury (see 28 U.S.C. § 1746). Unsworn
statements will not be considered in deciding the motion for summary judgment. And to
be considered, an affidavit must be based on the personal knowledge of the person who
signs it.
If Mr. Warren files a response, he must also file a separate, short statement setting
forth the disputed facts that he believes must be decided at a trial. See Local Rule 56.1,
Rules of the United States District Court for the Eastern District of Arkansas. While Mr.
Warren is not required to file a response to the Defendants’ motion for summary

judgment, if he does not respond, the Court can assume that the facts set out in the
Defendants’ Statement of Facts (#34) are true.
IT IS SO ORDERED, this 21st day of October, 2015.

___________________________________
UNITED STATES MAGISTRATE JUDGE

2