Johnson v. Holiday et al

Filing 51

ORDER that the Court will treat 45 MOTION to Dismiss filed by Rhonda Anderson and 49 MOTION to Dismiss filed by Maxim Health Care Services Inc as Motions for Summary Judgment; defts are therefore directed to file statements of facts no later than 14 days after the entry of this Order; pltf's response is due no later than 30 days thereafter. Signed by Magistrate Judge H. David Young on 11/18/10. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION JULIUS JOHNSON PLAINTIFF ADC #70933 V. DOC HOLLADAY et al. ORDER Pending before the Court are motions to dismiss filed by Defendant Rhonda Anderson (docket entry #45), and Defendant Maxim Health Care Services Inc. (docket entry #49). Because Defendants are relying in part on attachments filed with Anderson's supporting brief, the Court will treat the motions as motions for summary judgment. Pursuant to Local Rule 56.1, Defendants are both directed to file statements of facts no later than 14 days after the entry of this order. Plaintiff's response to both motions is due no later than 30 days after Defendants file their statements of fact. Plaintiff is advised that his response to the motions may include opposing or counteraffidavits, executed by him or other persons, which have been either sworn to under oath, i.e., notarized, or declared to under penalty of perjury in accordance with 28 U.S.C. 1746. Any opposing or counter-affidavits submitted by the Plaintiff must be based upon the personal knowledge of the person executing the affidavit. No affidavit or other document containing Plaintiff's allegations will be considered when determining the motions for summary judgment unless it has been sworn to under oath or declared under penalty of perjury. IT IS SO ORDERED this 18 day of November, 2010. NO: 4:10CV00905 JMM/HDY DEFENDANTS UNITED STATES MAGISTRATE JUDGE

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