Anderson v. York-Huckabee et al
ORDER allowing Mr. Anderson an opportunity to file a response opposing the 38 Motion for Summary Judgment within 14 days of this Order. If Mr. Anderson files a response, he must also file a separate, short statement setting forth the disputed fact s that he believes must be decided at a trial. While Mr. Anderson is not required to respond to the motion for summary judgment, if he does not respond, the Court may deem as true the facts set out in the Medical Defendants' 40 Statement of Undisputed Facts. Signed by Magistrate Judge Beth Deere on 4/13/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CASE NO. 3:16-CV-00258-JM-BD
ALLISON YORK-HUCKABEE, et al.
Defendants Johnson and Huggins (“Medical Defendants”) have moved for
summary judgment on Mr. Anderson’s claims against them. (Docket entry #38) Mr.
Anderson 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. Anderson 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. Anderson 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. Anderson is not required to respond to the motion for summary judgment, if he does
not respond, the Court may deem as true the facts set out in the Medical Defendants’
Statement of Undisputed Facts (#40).
IT IS SO ORDERED, this 13th day of April, 2017.
UNITED STATES MAGISTRATE JUDGE
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