Atkins v. Miller et al

Filing 28

ORDER denying 18 Motion for Summary Judgment. By separate order the Court will reschedule the trial date and set new discovery and motions deadlines. Signed by Judge Susan Webber Wright on 05/09/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

WILLIE ATKINS
VS.

PLAINTIFF
NO. 4:13CV-00116 SWW

SERGEANT DAVID MILLER,
ET AL.

DEFENDANTS

ORDER
Before the Court is defendants’ motion for summary judgment to which plaintiff
responded. Pursuant to Fed.R.Civ.P. 56(d), the Court finds plaintiff’s counsel has shown by
affidavit that he cannot present facts essential to justify plaintiff’s opposition to the motion. The
Court therefore denies the motion for summary judgment without prejudice. By separate order,
the Court will reschedule the trial date and set new discovery and motions deadlines.
IT IS THEREFORE ORDERED that the motion for summary judgment [ECF No, 18] is
denied without prejudice.
DATED this 9th day of May, 2014.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE