Dunn v. USA

Filing 39

ORDER allowing Dunn to file a response to 33 defendant's motion for summary judgment along with a separate statement of disputed facts within 28 days. Signed by Magistrate Judge Patricia S. Harris on 11/22/2024. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
FRANK CHRISTIAN DUNN
v.

PLAINTIFF

No: 4:23-cv-00428 KGB/PSH

USA

DEFENDANT
ORDER
On November 12, 2024, Defendant USA filed a Motion for Summary

Judgment on the merits of Plaintiff Dunn’s claims, together with a Brief in Support
and a Statement of Undisputed Material Facts (Doc. Nos. 33 - 35). Dunn 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,
Dunn’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. § 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 Dunn 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 Dunn 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, Dunn 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 Dunn’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:
Dunn may file a response to the defendant’s 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 Dunn is not required to file a response to the motion for summary
judgment, if he does not respond, the facts set forth in the defendant’s statement of
facts may be deemed admitted by Dunn, pursuant to Local Rule 56.1(c).
IT IS SO ORDERED this 22nd day of November, 2024.

UNITED STATES MAGISTRATE JUDGE