Dillard v. Carter et al

Filing 55

ORDER allowing Mr. Dillard to response to oppose the 52 Motion if he so chooses within 14 days of this Order. If he 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. Signed by Magistrate Judge Beth Deere on 12/4/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JAMES WESLEY DILLARD,
ADC #116862
V.

PLAINTIFF

CASE NO. 3:18-CV-47-JM-BD

DAVID CARTER, et al.

DEFENDANTS
ORDER

Defendants Bagwell and Huggins have moved for summary judgment on the
claims raised against them in this case. (Docket entry #52) Mr. Dillard may now respond
to oppose the motion. To be considered, his response must be filed within 14 days of this
Order.
In opposing the motion for summary judgment, Mr. Dillard 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. Dillard 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. Dillard is not required to respond to the Defendants’ motion, if he does
not respond to the Defendants’ motion for summary judgment, the Court may deem as

true the facts set out in the Defendants’ statement of undisputed facts (#52).
IT IS SO ORDERED, this 4th day of December, 2018.

____________________________________
UNITED STATES MAGISTRATE JUDGE

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