Harris v. Harmon et al
ORDER directing Plaintiff to file within fifteen days of the entry of this Order a Response to Defendants' Motion for Summary Judgment; a separate Statement of Disputed Facts that complies with FED. R. CIV. P. 56, Local Rule 56.1, and the instructions set forth in this Order; and a Motion to Proceed in forma pauperis. The Clerk shall forward to Plaintiff an in forma pauperis Motion. Signed by Magistrate Judge Jerome T. Kearney on 7/27/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
GREG L. HARRIS
HARMON, et al.
Defendants filed a Motion for Summary Judgment, together with a Brief in Support and
Statement of Undisputed Facts on July 6, 2017 (Doc. Nos. 34-36). Plaintiff has not responded to
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.
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 contained in Defendants= Statement of Undisputed Facts (Doc. No. 35); and (b) any
other disputed facts that he believes must be resolved at a hearing or trial.2
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.
If Plaintiff disputes any of the facts set forth in Defendants= Statement of Undisputed Facts, he
must identify each numbered paragraph that contains the facts he disputes and, for each paragraph,
Finally, Plaintiff is advised that if he intends to rely upon grievances or records that have
been previously filed with the Court, 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).
In light of Plaintiff’s release from incarceration (Doc. No. 25), he must also submit an
updated Motion to Proceed in forma pauperis to continue prosecuting this action.
IT IS THEREFORE ORDERED THAT:
Plaintiff must file, within fifteen days of the entry of the Order, a Response to
Defendants= Motion for Summary Judgment; a separate Statement of Disputed Facts that complies
with FED. R. CIV. P. 56, Local Rule 56.1, and the instructions set forth in this Order; and a Motion
to Proceed in forma pauperis.
Plaintiff is advised that the failure to timely and properly comply with this Order
will result in: (a) all of the facts set forth 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).
The Clerk shall forward to Plaintiff an in forma pauperis Motion.
explain why he disputes those facts.
IT IS SO ORDERED this 27th day of July, 2017.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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