Holliday v. Roberson et al

Filing 127

ORDER allowing Holliday to file a response to 124 defendants' motion for summary judgment along with a separate statement of disputed facts that complies with Fed. R. Civ. P. 56, Local Rule 56.1, and the instructions set forth in this Order within 28 days. Signed by Magistrate Judge Patricia S. Harris on 01/18/2023. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
RUSSELL HOLLIDAY
ADC #171511
v.

PLAINTIFF
No: 4:20-cv-00490 PSH

JONATHON WOODSON, et al.

DEFENDANTS
ORDER

On January 17, 2023, Defendants Jonathon Woodson, Devon Stroud, and
Charles Golden filed a Motion for Summary Judgment on the merits of Plaintiff
Russell Holliday’s claims, together with a Brief in Support and Statement of
Undisputed Material Facts (Doc. Nos. 124-126). Holliday now has an opportunity
to file a response opposing the motion. To be considered, the response must be filed
within twenty-eight days of this order’s entry date.
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). Accordingly,
Holliday’s response must include legal arguments as well as evidence establishing
that there is a genuine issue of material fact that must be resolved at a hearing or
trial. Such evidence may include declarations or notarized affidavits that he or others
have signed. Affidavits and declarations are sworn statements that are made under
penalty of perjury (see 28 U.S.C. s. 1746). Unsworn statements will not be

considered in deciding the motion for summary judgment. And to be considered, an
affidavit or declaration must be based on personal knowledge of the person who
signs it.
If Holliday files a response, he must also file a separate, short statement which
lists: (a) any disagreement he has with the specifically numbered factual assertions
contained in the defendant’s statement of undisputed facts; and (b) any other
disputed facts that he believes must be resolved at a hearing or trial. See Local Rule
56.1, Rules of the United States District Court for the Eastern District of Arkansas.
If Holliday disputes any of the facts set forth in the defendant’s 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.
Finally, Holliday is advised that if he intends to rely upon grievances or
records that have been filed with the Court previously, 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 Holliday’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:
Holliday may file a response to the defendants’ motion for summary judgment
along with a separate statement of disputed facts that complies with Fed. R. Civ. P.
56, Local Rule 56.1, and the instructions set forth in this Order within twenty-eight
days. While Holliday is not required to file a response to the motion for summary
judgment, if he does not respond, the facts set forth in the defendants’ statement of
facts may be deemed admitted by Holliday, pursuant to Local Rule 56.1(c).
IT IS SO ORDERED this 18th day of January, 2023.

UNITED STATES MAGISTRATE JUDGE