Smullin v. Duncan et al

Filing 117

ORDER allowing Mr. Smullin an opportunity to file a response opposing the motion, 114 . To be considered, the response must be filed within fourteen days of this Order. If Mr. Smullin files a response, he must also file a separate, short statement setting for the disputed facts that he believes must be decided at a trial. Signed by Magistrate Judge Beth Deere on 4/25/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
RONALD DEWAYNE SMULLIN
V.

PLAINTIFF

CASE NO. 3:15-CV-158-BD

BRETT DUNCAN, et al.

DEFENDANTS
ORDER

Separate Defendants Bentley and Jackson have moved for summary judgment on
the claims raised against them in this lawsuit. (Docket entry #114) Mr. Smullin 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. Smullin 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. Smullin 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.
Smullin is not required to file a response to the motion for summary judgment filed by

Defendants Bentley and Jackson, if he does not respond, the Court can assume that the
facts set out in the Defendants’ Statement of Facts (#116) are true.
IT IS SO ORDERED, this 25th day of April, 2016.
___________________________________
UNITED STATES MAGISTRATE JUDGE

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