Allen v. Lawrence et al
ORDER directing the Clerk to correct defendants' names to "Arthur Bentley" and "Chassity Jackson". Plaintiff must file on or before 10/19/2016 a response to Defendant Bentley's and Jackson's motion for summary judg ment and a separate Statement of Disputed Facts. Plaintiff is advised that the failure to timely and properly comply this Order will result in either all of the facts in Defendants' summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c) or the dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2). Signed by Magistrate Judge J. Thomas Ray on 9/19/2016. (jak)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
STEVEN MARQUELL DESHUN ALLEN
Craighead County Detention Center, et al.
Defendants Bentley and Jackson have filed a Motion for Summary Judgment,
a Brief in Support, and a Statement of Undisputed Facts. Docs. 73, 74, & 75.
Plaintiff must respond to that Motion.
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 Response 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.
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.
Furthermore, pursuant to Local Rule 56.1, Plaintiff must also separately file
a Statement of Disputed Facts, which lists: (a) any disagreement he has with the
specifically numbered factual assertions in Defendants’ Statement of Undisputed
Facts (Doc. 75); 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:
The Clerk is directed to correct Defendants' names to "Arthur Bentley"
and "Chassity Jackson."
Plaintiff must file, on or before October 19, 2016, a Response to
Defendant Bentley's and Jackson’s Motion for Summary Judgment and a separate
If Plaintiff disputes any of the facts in 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.
Statement of Disputed Facts that comply with Fed. R. Civ. P. 56, Local Rule 56.1,
and the instructions in this Order.
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 19th day of September, 2016.
UNITED STATES MAGISTRATE JUDGE
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