McCall v. Tucker et al

Filing 47

ORDER directing Plaintiff to file on or before 2/27/2015, a Response to 42 MOTION for Summary Judgment filed by Matthew Tucker, James Mitchell and a separate Statement of Disputed Facts that comply with the instructions in this Order. Signed by Magistrate Judge J. Thomas Ray on 01/28/2015. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JAMIE SHAWN MCCALL,
ADC #610019
V.

PLAINTIFF
4:14CV00212 SWW/JTR

MATTHEW TUCKER, Patrol Officer,
Conway Police Department, et al.

DEFENDANTS

ORDER
Defendants have filed a Motion for Summary Judgment, a Brief in Support, and
a Statement of Undisputed Facts. Docs. 42, 43, & 44 . Plaintiff must respond to 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 Facts, which lists: (a) any disagreement he has with the
specifically numbered factual assertions in Defendants’ Statement of Undisputed Facts
1

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.

(Doc. 44); and (b) any other disputed facts that he believes must be resolved at a
hearing or trial.2
Finally, Plaintiff is advised that if he intends to rely on documents that have
been previously filed in the record, 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 must file, on or before February 27, 2015, a Response to

Defendants’ Motion for Summary Judgment and a separate Statement of Disputed
Facts that comply with the Fed. R. Civ. P. 56, Local Rule 56.1, and the instructions
in this Order.
2.

Plaintiff is advised that the failure to timely and properly comply with

this Order will result in: (a) all of the facts in Defendants’ summary judgment papers
being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c); or (b) the

2

If Plaintiff disputes any of the facts in Defendants’ Statement of Undisputed Facts, he must
identify each numbered paragraph that contains the facts he disputes and, for each paragraph, explain
why he disputes those facts.
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dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2).
Dated this 28th day of January, 2015.

UNITED STATES MAGISTRATE JUDGE

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