Hunter v. Beck et al
ORDER directing Plaintiff to file, on or before February 3, 2016, a response to Defendant's 20 Motion for Summary Judgment and a separate Statement of Disputed Facts that comply with the Fed. R. Civ. P. 56, Local Rule 56.1, and the instructi ons in this Order. Plaintiff is advised failure to timely and properly comply with this Order will result in either all of the facts in Defendant's summary judgment papers being deemed admitted by Plaintiff or the dismissal of this action, without prejudice, pursuant to Local Rule 5.5 (c)(2). Signed by Magistrate Judge J. Thomas Ray on 1/4/2016. (jak)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
STEPHEN P. HUNTER,
DR. GERALD STIPANUK,
Northeast Arkansas Community Correction Center
Defendant has filed a Motion for Summary Judgment on the issue of
exhaustion, a Brief in Support, and a Statement of Undisputed Facts. Docs. 20, 21,
& 22. 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 Defendant’s Statement of Undisputed
Facts (Doc. 21); 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:
Plaintiff must file, on or before February 3, 2016, a Response to
Defendant's Motion for Summary Judgment and a separate Statement of Disputed
Facts that comply with the Fed. R. Civ. P. 56, Local Rule 56.1, and the instructions
in this Order.
If Plaintiff disputes any of the facts in Defendant’s 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.
Plaintiff is advised that the failure to timely and properly comply with
this Order will result in: (a) all of the facts in Defendant’s 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 4th day of January, 2016.
UNITED STATES MAGISTRATE JUDGE
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