Hardin v. Duvall et al

Filing 38

ORDER directing plaintiff to file a response to defts' motion for summary judgment 33 and a Statement of Disputed Material Facts within 30 days of the entry of this Order. Signed by Magistrate Judge J. Thomas Ray on 3/18/11. (kpr)

Download PDF
Hardin v. Duvall et al Doc. 38 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JACOB LYNN HARDIN ADC #141231 V. AARON DUVALL, Sheriff, Pope County Jail, et al. 4:10CV001073 JTR PLAINTIFF DEFENDANTS ORDER On March 8, 2011, Defendants filed a Motion for Summary Judgment, a Brief in Support, and a Statement of Undisputed Facts. See docket entries #33, #34, and #35. The Court concludes that a Response from Plaintiff would be helpful to the resolution of that Motion. 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 Material Facts, which lists: (a) any disagreement he has with the specifically numbered factual assertions contained in Defendants' Statement of Undisputed Facts (docket entry #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. Specifically, Defendants' Statement of Undisputed Facts contains 27 separately numbered paragraphs containing assertions of allegedly undisputed fact. See docket entry #35. Plaintiff's Statement of Disputed Facts must contain 27 separately numbered paragraphs that respond directly 2 1 Dockets.Justia.com 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). IT IS THEREFORE ORDERED THAT: 1. Plaintiff shall file, within thirty days of the entry of the Order, a Response and a Statement of Disputed Material Facts that comply with the Fed. R. Civ. P. 56, Local Rule 56.1, and the instructions set forth in this Order. 2. Plaintiff is advised that the failure to timely and properly comply with this Order will result in: (a) the dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2); or (b) all of the facts set forth in Defendants' summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c). Dated this 18th day of March, 2011. UNITED STATES MAGISTRATE JUDGE to each of Defendants' corresponding paragraphs. For instance, Plaintiff's paragraph 1 should state whether he agrees or disagrees (and why) with only the factual assertions contained in paragraph 1 of Defendants' Statement of Undisputed Facts. After Plaintiff has done so for each of Defendants' 27 separate paragraphs, Plaintiff may list (in separately numbered paragraphs starting with 28), any additional disputed material facts that he believes must be resolved at a hearing or trial. -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?