Mayfield v. Gilliam et al

Filing 80

ORDER giving Mr. Mayfield until and including 04/07/2025, to file a response to 77 Defendants' motion for summary judgment and a separate statement of disputed facts. Signed by Magistrate Judge Edie R. Ervin on 03/10/2025. (llg)

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

PLAINTIFF

NO. 4:23-cv-01214-ERE

WADE GILLIAM, et al.

DEFENDANTS
ORDER

Defendants have filed a motion for summary judgment, brief in support, and
statement of undisputed facts arguing that they entitled to judgment as a matter of
law on Mr. Mayfield’s claims against them. Docs.77, 78, 79. 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 response 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 statement of disputed facts
must state whether he “agrees” or “disagrees” with the factual statements in each of
the numbered paragraphs in Defendants’ statement of undisputed facts. Doc. 79. If
Mr. Mayfield disagrees with any of the facts in Defendants’ statement 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 7, 2025, to file: (1) a

response to Defendants’ motion for summary judgment; and (2) separate statement
of disputed facts (Doc. 79). 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 a

response and a statement of disputed facts may result in: (1) all the facts in
Defendants’ statement of undisputed facts being deemed admitted, pursuant to Local
Rule 56.1(c); and (2) the possible dismissal of this action, without prejudice,
pursuant to Local Rule 5.5(c)(2).
So Ordered 10 March 2025.

____________________________________
UNITED STATES MAGISTRATE JUDGE

3