Holbrook v. Richards et al

Filing 17

ORDER directing plaintiff to file a response to defts' 14 MOTION for Summary Judgment within 14 days of this order's entry date and directing plaintiff to file a separate, short and concise statement setting forth the facts which he thinks need to be decided at a trial. Signed by Magistrate Judge Beth Deere on 12/11/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS W E S T E R N DIVISION B R A N D O N SCOTT HOLBROOK V. No. 4:09CV00203 BSM-BD PLAINTIFF M I C H A E L RICHARDS, et al. ORDER DEFENDANTS O n November 20, 2009, Defendants filed a Motion for Summary Judgment (docket entry #14). Plaintiff has not responded to the motion. Plaintiff is hereby notified of his opportunity to file a response opposing D e f e n d a n ts ' motion for summary judgment within twenty (14) days of this order's entry d a te .1 Plaintiff is advised that his response to Defendants' motion may include opposing o r counter-affidavits, executed by Plaintiff or other persons, which have either been s w o rn to under oath, i.e., notarized, or declared to under penalty of perjury in accordance Plaintiff is reminded of his responsibility to comply with Local Rule 5.5(c)(2) of th e Rules of the United States District Court for the Eastern District of Arkansas, which p ro v id e s that: "It is the duty of any party not represented by counsel to promptly notify th e Clerk and the other parties to the proceedings of any change in his or her address, to m o n ito r the progress of the case, and to prosecute or defend the action diligently. A party a p p e a rin g for himself/herself shall sign his/her pleadings and state his/her address, zip c o d e , and telephone number. If any communication from the Court to a pro se plaintiff is n o t responded to within thirty (30) days, the case may be dismissed without prejudice. Any party proceeding pro se shall be expected to be familiar with and follow the Federal R u le s of Civil Procedure." 1 with 28 U.S.C. 1746. Any affidavits submitted by Plaintiff must be based upon the p e rs o n a l knowledge of the person executing the affidavit. No affidavit or other document c o n ta in in g Plaintiff's allegations will be considered when determining the motion for s u m m a ry judgment unless it has been sworn to under oath or declared under penalty of p e r j u r y. U n d e r Local Rule 56.1 of the Rules of the United States District Court for the E a ste rn District of Arkansas, Plaintiff is also ordered to file a separate, short and concise s ta te m e n t setting forth the facts which he thinks need to be decided at a trial. T h e Court notes that in their motion, Defendants argue that Plaintiff failed to s u s ta in physical injury, an allegation necessary to support an eighth amendment claim. Plaintiff is ordered to provide the Court any and all medical evidence to support his claim th a t he was injured during the incident giving rise to this lawsuit. IT IS SO ORDERED this 11th day of December, 2009. ____________________________________ U N IT E D STATES MAGISTRATE JUDGE 2

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