Mayfield v. Parsons et al

Filing 84

ORDER giving Mr. Mayfield until and including 04/04/2025 to file a response to 75 and 80 Defendants' motions for summary judgment, a separate statements of disputed facts, and a response to 78 Defendant Parson's motion to deem her requests for admissions admitted. Signed by Magistrate Judge Edie R. Ervin on 03/06/2025. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
WILLIAM T. MAYFIELD
#659228
V.

PLAINTIFF

NO. 4:23-cv-01050-LPR-ERE

KIM PARSONS, et al.

DEFENDANTS
ORDER

All Defendants have filed motions for summary judgment, statements of
undisputed facts, and briefs in support arguing that they entitled to judgment as a
matter of law on Mr. Mayfield’s claims against them. Docs.75, 76, 77, 80, 81, 82. In
addition, Defendant Parsons has filed a motion to deem her requests for admission
admitted. Doc. 78. Pro se plaintiff William T. Mayfield has a right to file a response.
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
Mr. Mayfield’s responses should include his legal arguments, as well as affidavits,1
jail records, or other evidence to show that there is a genuine issue of material fact
that must be resolved at a hearing or trial.

1

The affidavit 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. Additionally, the
affidavit must be based upon the personal knowledge of the person executing the affidavit.
The Court may not consider an affidavit unless it meets these requirements.

In addition, pursuant to Local Rule 56.1,2 Mr. Mayfield must separately file a
“separate, short and concise statement of the material facts as to which [he] contends
there is no genuine dispute to be tried.” Mr. Mayfield’s statements of disputed facts
must state whether he “agrees” or “disagrees” with the factual statements in each of
the numbered paragraphs in Defendants’ statements of undisputed facts. Docs. 77,
82. If Mr. Mayfield disagrees with any of the facts in Defendants’ statements of
undisputed facts, he must: (1) identify each numbered paragraph that contains the
facts he disputes; (2) for each paragraph, explain why he disputes those facts; and
(3) include a citation to the evidence he is relying on to support his version of the
disputed fact. If Mr. Mayfield relies on documents that have been previously filed
in the record, he must specifically refer to those documents by docket number and
page. The Court will not sift through the file to find support for Mr. Mayfield’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).

2

The Local Rules for the Eastern District of Arkansas are available on the internet.
See https://www.are.uscourts.gov/court-info/local-rules-and-orders/local-rules.
2

IT IS THEREFORE ORDERED THAT:
1.

Mr. Mayfield has until and including April 4, 2025, to file: (1) a

response to Defendants’ motions for summary judgment; (2) separate statements of
disputed facts; and (3) a response to Defendant Parson’s motion to deem her requests
for admissions admitted (Doc. 78). As to any filing, Mr. Mayfield should attempt to
comply with Federal Rule of Civil Procedure 56, Local Rule 56.1, and the
instructions in this Order.
2.

Mr. Mayfield is advised that the failure to timely and properly file

responses and statements of disputed facts may result in: (1) all the facts in
Defendants’ statements of undisputed facts being deemed admitted, pursuant to
Local Rule 56.1(c); (2) Defendant Parson’s requests for admissions deemed
admitted; and (3) the possible dismissal of this action, without prejudice, pursuant
to Local Rule 5.5(c)(2).
So Ordered 6 March 2025.

____________________________________
UNITED STATES MAGISTRATE JUDGE

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